As previously reported (02.Oct.2015), the U.S. Department of Homeland Security (DHS) submitted a new proposed rule on STEM optional practical training (OPT) for review by the Office of Management and Budget (OMB). Notice of the submission is available online, but, at present, no specifics regarding the...
A new self-check function has been added to the U. S. Citizenship and Immigration Services (USCIS) Systematic Alien Verification Entitlements (SAVE) program. The SAVE system is used by federal, state, and local agencies to check a person's immigration status when s/he is applying for a...
Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...
... that I am currently registered for. My DSO has recently informed me that, because I fell below the required full courseload, I am now out of status and have to apply for reinstatement. Will I be able to continue working on CPT while waiting...
Answer There is very little clearly stated guidance on taking classes while engaging in OPT. Based on the guidance issued by the Legacy INS in the early 1990s, F-1 students authorized for OPT should be permitted to take classes on a part-time basis, which are either...
The U.S. Immigration and Customs Enforcement (ICE) periodically releases updated information reflecting the number, type, and location of F-1 and M-1 students and J-1 exchange visitors. One key highlights in the August 2015 report is a small, but notable decrease in the number of F-1 and...
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...
... My initial 12-month OPT will end next month, but I am still working on my thesis. Do I need to complete my thesis before I may apply for the STEM OPT extension? Answer An F-1 student who has completed all of his/her program requirements, but for...
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...
The Murthy Law Firm has learned about a significant procedural change for nonimmigrant (temporary) visa applications at U.S. consulates in India. More specifically, this shift in procedure relates to the online DS-160 form, which typically must be completed prior to scheduling an appointment to apply...
