02 Oct 2015

I have been working on optional practical training (OPT) in F-1 status. I still have six months of my OPT authorization left. I would like to go back to school part time to take classes toward another degree. Will I be able to continue working on OPT?

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...

18 Sep 2015

I am currently in H1B status. I plan on applying for change of status to F-1 and start attending school full time. Can I continue going to school after my current I-94 expires, if my application for change of status is still pending?

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...

08 Sep 2015

I have completed 12 months of optional practical training (OPT) based on my master’s degree in social work. I am now a law student working towards a Juris Doctor degree. Will I be eligible for OPT based on my next degree?

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...