Student Archives - Page 42 of 64 - Murthy Law Firm

02 Sep 2016

I am a student in F-1 status, working full time on STEM OPT. I would like to switch to part-time employment with my current employer (20 hours per week) and take on additional part-time employment (10 hours per week). Is this allowed?

Answer While STEM OPT employment can be part time for no less than 20 hours per week and concurrent employment for multiple employers is allowed, you are not allowed to work less than 20 hours for each of the employers. Additionally, you must submit to your...

16:20 / FAQs / Student

26 Aug 2016

I will finish my degree in two months. My DSO has just told me that he had to terminate my SEVIS record because I fell under the full course of study, but did not ask for his authorization to be able to do so in advance. Can I apply for reinstatement to F-1 status?

Answer You can certainly apply for reinstatement. However, to be eligible for it, you should be either enrolled in classes on a full-time basis or show that you intend to enroll at the beginning of the next available term. For all practical purposes, therefore, you may...

11:27 / FAQs / Student

18 Aug 2016

Validity of Nonimmigrant Waivers to Increase to Five Years

Beginning in approximately January 2017, most nonimmigrant waiver applications that are approved will be granted with validity periods of five-years. Under the current policy, initial nonimmigrant waivers are typically only granted for one or two years. The U.S. Customs and Border Protection (CBP) Admissibility Review...

12:27 / Homeland Security / NewsBrief / Student / Visa Waiver / Visitor / Worker

15 Aug 2016

I am on H1B and filed for a transfer to a new employer. That case is still pending. My wife wants to file for a change to F-1. Can I apply to change to F-2 with her F-1 COS application?

Answer It is possible to file a COS to F-2 while an H1B COE is pending. But, if the pending H1B COE petition is serving as a 'bridge' for your status, then it typically would need to be approved before the F-2 COS application can be...

16:49 / FAQs / Student / Worker

15 Aug 2016

I filed an application with the USCIS, but sent it to the wrong lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS typically rejects such cases and returns them to the applicants. (15.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

15:52 / Citizen / Employment Based / Family Based / FAQs / Resident / Student / Visitor / Worker

12 Aug 2016

I finished my first year of OPT in April. Prior to the expiration of my OPT, my employer filed my H1B petition, for the October 1st start date, and I filed an OPT STEM extension application; both are pending. …

... The USCIS issued a request for evidence (RFE) on my STEM extension application, asking for a copy of a new I-20 based on a training plan that my employer and I have to submit to my DSO on form I-983. My employer does not...

19:49 / FAQs / Student

05 Aug 2016

I have a master’s degree in electrical engineering. After I worked on the initial 12-month OPT for one year as a software developer, I applied for a STEM extension. …

... USCIS has now issued an RFE, requesting evidence that my degree is directly related to my OPT employment. What can I do to strengthen my response? Answer Because it is not immediately apparent how your degree relates to your OPT employment, for your request for evidence...

15:38 / FAQs / Student

04 Aug 2016

Schools Cannot Issue I-20s for Conditional Students

The Student and Exchange Visitor Program (SEVP) issued final policy guidance on July 13, 2016, regarding foreign national students admitted on a tentative or conditional basis. In short, the guidance indicates that universities and schools are not permitted to issue I-20s for conditional students. Background In order...

11:50 / Consulates / NewsBrief / Student

01 Aug 2016

I am in school on F-1. If I file a change of status to H-4, do I have to remain in school until the application is approved?

Answer Generally speaking, it is permissible to stay in the U.S. based upon a timely filed request to change status. Thus, if the H-4 is properly filed while still holding F-1, it is possible to stay and wait for the H-4 decision without continuing to comply...

12:47 / F-1 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Student

29 Jul 2016

I am in F-2 status as the spouse of an F-1. I would like to enroll in a program of study. Are there any restrictions?

Answer An F-2 dependent may enroll in an academic program on less than a full-time basis. If one would like to enroll on a full-time basis to complete a degree program, s/he should file an I-539 form to change status from F-2 to F-1. One is...

19:47 / FAQs / Student

Murthy Law Firm

I am a student in F-1 status, working full time on STEM OPT. I would like to switch to part-time employment with my current employer (20 hours per week) and take on additional part-time employment (10 hours per week). Is this allowed?

I will finish my degree in two months. My DSO has just told me that he had to terminate my SEVIS record because I fell under the full course of study, but did not ask for his authorization to be able to do so in advance. Can I apply for reinstatement to F-1 status?

Validity of Nonimmigrant Waivers to Increase to Five Years

I am on H1B and filed for a transfer to a new employer. That case is still pending. My wife wants to file for a change to F-1. Can I apply to change to F-2 with her F-1 COS application?

I filed an application with the USCIS, but sent it to the wrong lockbox. Will the USCIS still adjudicate my case?

I finished my first year of OPT in April. Prior to the expiration of my OPT, my employer filed my H1B petition, for the October 1st start date, and I filed an OPT STEM extension application; both are pending. …

I have a master’s degree in electrical engineering. After I worked on the initial 12-month OPT for one year as a software developer, I applied for a STEM extension. …

Schools Cannot Issue I-20s for Conditional Students

I am in school on F-1. If I file a change of status to H-4, do I have to remain in school until the application is approved?

I am in F-2 status as the spouse of an F-1. I would like to enroll in a program of study. Are there any restrictions?

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