23 Oct 2015

I have been working pursuant to the initial F-1 OPT authorization. I was unemployed during the first 85 days of OPT authorization, as I was still looking for an employer in my field of study. …

... Once I started working, I had two weeks of unpaid leave for health reasons. Would the two weeks I missed be counted against the maximum 90-day unemployment allowance? Answer The two-week period should not be added to your 85 days of unemployment, if you were still...

15 Oct 2015

Progress in Reimplementation of STEM OPT Rule

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...

12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

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...

09 Oct 2015

I have been attending a university in F-1 status. Because my program required that I complete an internship, I applied for and received authorization for Curricular Practical Training (CPT) in my fourth semester…

... 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...