12 May 2017

I am in F-1 status and I have been working on initial OPT that is about to expire. My employer filed a cap-subject H1B petition in the first week of April and the USCIS issued a receipt notice for it. …

... Because of the pending H1B petition, my SEVIS record was automatically updated showing a cap-gap period until Sep 30th. I would like to apply for the 24-month OPT STEM extension, just in case my H1B petition will not be approved. Can I do that? Answer According...

05 May 2017

My STEM OPT application has just been denied. I would like to file a motion to reopen and/or reconsider the denial. I also would like to transfer to another program, just in case the motion is not successful, since I am still in valid F-1 status based on the 60-day grace period. Is there any issue with my plan?

Answer Unfortunately, if you transfer to another program of study, your motion will become moot because it will no longer be possible for you to engage in OPT, as it will no longer follow the completion of your previous degree. (05.May.2017)Questions frequently reach us from students...

28 Apr 2017

I am currently working in F-1 status on STEM OPT that will expire in late May. My employer filed my H1B petition for the start date of October 1st with a request for change of status to H1B for me. …

... If my petition is denied, will I still be able to transfer to another program to continue in F-1 status? Answer You should be eligible for the cap-gap benefit extending your F-1 status with employment authorization beyond the expiration of your STEM OPT and until September...

10 Apr 2017

Can someone maintain both F-1 and H1B status?

Answer A person can only have one nonimmigrant status at any given time. (10.Apr.2017)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 participation, click here.Access more FAQs here. Copyright © 2017,...

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