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18 Sep 2015

I am currently in H1B status. I plan on applying for change of status to F-1 and start attending school full time. Can I continue going to school after my current I-94 expires, if my application for change of status is still pending?

Answer Yes, you can continue attending school in this scenario even if your I-539 application for change of status from H1B to F-1 is still pending after the expiration of your H1B I-94. In that case, you will be in the period of authorized stay pursuant...

14:48 / FAQs / Student
08 Sep 2015

I have completed 12 months of optional practical training (OPT) based on my master’s degree in social work. I am now a law student working towards a Juris Doctor degree. Will I be eligible for OPT based on my next degree?

Answer Generally, an F-1 student is eligible for one 12-month OPT period per each educational level. The question is whether your JD degree should be considered a higher educational level than your master's degree. Since this is not very clear, given that JD degrees do not...

14:05 / FAQs / Student
20 Jul 2015

I’ve been working on OPT that was extended based on the “cap-gap” rule because my employer filed an H1B petition for me. However, the petition has just been denied. Can I transfer to another program of study? How much time do I have?

Answer Once the H1B petition is denied during the cap-gap period, and there are no USCIS findings of fraud / misrepresentation or F-1 status violations, you have 10 days of employment authorization and 60 days of a grace period in valid F-1 status. You must complete...

11:45 / FAQs / Student