18
Jan
2016
New Year’s Reminders for Employers (Part 3 of 3)
This series of articles has been updated. Please find the updated version of Part 3....
15
Jan
2016
I am currently working on OPT valid until April 15th. My employer will be filing an H1B petition for me with a start date of October 1st.
... I understand that, if the petition is accepted for processing, I will be eligible for the cap-gap benefit (i.e. the extension of my F-1 status with employment authorization) until September 30th, unless the petition is denied or withdrawn. Would I be able to continue...
11
Jan
2016
I am currently working on OPT valid until May. My employer will file an H1B petition for me in the first week of April for the start date of October 1st. …
... My DSO explained to me that, if my petition is accepted for processing, I will be eligible for the cap-gap benefit, which will extend my OPT authorization and F-1 status until September 30th. My wife and child are in F-2 status as my dependents....
04
Jan
2016
SEVP Field Reps Monitor F-1 and M-1 Schools
The Student and Exchange Visitor Program (SEVP) is nearing its goal of fully staffing the field representative program. These representatives are involved with the F-1 and M-1 school certification process. They also play a key role in assuring school compliance with F-1 and M-1 related...
28
Dec
2015
DHS Requests Court to Delay End of STEM OPT
The U.S. Department of Homeland Security (DHS) has filed a motion requesting a delay in the termination of the existing STEM optional practical training (OPT) rule. The reason for this request is that the DHS needs more time to put a new STEM OPT regulation...
15
Dec
2015
NewsFlash! USCIS Update on STEM OPT EADs After February 2016
Earlier today, December 15, 2015, a USCIS representative contacted AILA to clarify that no decision has yet been made that STEM optional practical training (OPT) employment authorization documents (EADs) will remain valid after February 12, 2016. The USCIS has now clarified that this question is...
14
Dec
2015
“But I read it on the Internet!” – The Myth of the Grace Period
Immigration law is highly complex, often considered on the level of federal securities law or tax law in its intricacy and complexity. Misunderstandings are common and, frequently, get mixed in with helpful tips exchanged online and elsewhere. A common misconception is a mythical grace period...
11
Dec
2015
I have been attending school and working based on authorization for pre-completion optional practical training (OPT). I will graduate at the end of this semester, earlier than planned, as I have no more class requirements after this term. …
... My pre-completion OPT, however, has been approved until the end of the next term. My DSO told me that my early graduation will result in a termination of my pre-completion OPT. Can I apply for post-completion OPT now? Answer Unfortunately, there is no easy way to...
07
Dec
2015
I am in H-4 status and wish to enroll in university in the U.S. Am I considered a domestic or international student?
Answer This question would have to be asked of the school. Universities set their own definitions for the various tuition levels. (07.Dec.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
02
Dec
2015
Some Nepali Students Eligible for Special EADs
The U.S. Department of Homeland Security (DHS) is making it easier for Nepali F-1 students, experiencing financial difficulties as a result of the April 25, 2015 earthquake in Nepal, to obtain employment authorization documents (EADs). In a notice published on November 9, 2015, the DHS announced...