04
Apr
2016
OPT Cap-Gap Extensions
This MurthyDotCom NewsBrief has been updated. Please find the latest version at:https://www.murthy.com/2017/03/13/cap-gap-extensions-of-f-1-status-and-opt/ Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved...
01
Apr
2016
I was initially admitted to the U.S. as a student in F-1 status to attend School A. My visa was issued based on that school’s I-20 form. …
... Before I came to the U.S., I applied to and was admitted to several universities, including School B. I decided to transfer to School B shortly after I arrived in the U.S., since I already had admission there. I talked to the DSO at...
31
Mar
2016
SEVP to Issue Student Noncompliance Notice: Form I-515A
Starting April 1, 2016, the Student and Exchange Visitor Program (SEVP) will begin issuing 14-day termination notices to students who fail to submit requested additional documentation within the 30 days allowed following their admission to the United States. This information comes via an official notice issued...
25
Mar
2016
I have been self-employed, working on OPT during the first 12-month period. I am about to submit my application for an extension based on my STEM degree. Can I continue to be self-employed? I am registered in E-verify.
Answer While, in the past, the USCIS has not been clear specifically about whether self-employment is one of the permitted types of employment during the STEM OPT extension, under the new rule that goes into effect on May 10, 2016, self-employment during STEM OPT will not...
18
Mar
2016
I am a student in F-1 status. Two months ago, I traveled back to my home country to attend a wedding, but I forgot to have my I-20 signed by my DSO before I left. …
... On the way back, I was given a Form I-515A with instructions to mail in the required travel documents. It's been two months and I was so busy that I forgot to do it. What should I do? Answer Generally, students who do not have all...
18
Mar
2016
STEM OPT Extension and Transition Plan
The U.S. Department of Homeland Security (DHS) published the final STEM optional practical training (OPT) rule on March 11, 2016. In order to facilitate the transition to the new regulation, the DHS has added a STEM OPT hub to its Study in the States web portal. Transition Guidance...
11
Mar
2016
I am a student in F-1 status. I completed my study and applied for optional practical training (OPT). I just learned that my application was denied. I will be filing a motion to reopen / reconsider the denial soon. …
... However, I would like to transfer to another program and apply for reinstatement as a back-up plan. Can I pursue both of these courses of action? Are there any downsides? Answer It is understandable that you want to increase your chances of being able to maintain...
09
Mar
2016
NewsFlash! Final STEM OPT Rule Released – Effective 10.May.2016
This morning, the final version of the revised STEM optional practical training (OPT) rule was unveiled. It will be published in the Federal Register on Friday, March 11, 2016 and will go into effect on May 10th. The rule will allow STEM OPT extensions of up...
29
Feb
2016
If an L1B visa has been rejected by the consulate in India, is there a minimum time period required or recommended before applying for an F-2 visa?
Answer There is no minimum time period one has to wait to apply for an F-2 visa in this situation. The two categories have very different requirements and an L1B denial does not necessarily mean that one is ineligible for F-2. I would suggest getting some...
26
Feb
2016
I am a student in F-1 status working on OPT. My OPT will expire in early May. In April, my employer will file an H1B petition for me for the start date of October 1st this year. …
... I heard that there is expected to be a lottery again this year for H1B petitions that will be accepted for processing by USCIS. Will I be able to continue working past the expiration of my OPT? Does it depend on whether my H1B...