21 Mar 2014

I worked on post-completion OPT for one year after I completed my master’s degree. I then decided to continue my education and went to law school. I have now graduated with a J.D. degree and would like to get some practical experience working in a law office. Am I eligible for a second one-year period of OPT?

Answer According to the general OPT rule, a student becomes eligible for a new 12-month OPT period based upon completion of a subsequent degree at a higher educational level. But, in some cases, such as yours, it is not entirely clear if the subsequent degree is...

17 Mar 2014

Does a change in the job title under same job classification e.g. LCA job code Computer System Analyst (151051) to Software Developer (151133) require an H1B amendment? Added responsibilities are not documented in current H1B LCA.

Answer A job title change alone would not require an H1B amendment, but a material change in the job duties DOES require an amendment. The LCA does not list duties, only location, title/classification, wage level and the like. The specific job duties are specified in the...

14 Mar 2014

My OPT ended last month, on February 1st. I have decided to apply for transfer to a new program of study, which starts in August this year. What are the timelines that I need to be aware of in order to have my SEVIS record transferred?

Answer Under the regulation, "[i]n the case of an F-1 student authorized to engage in post-completion optional practical training (OPT), the student must be able resume classes within 5 months of transferring out of the school that recommended OPT or the date the OPT authorization ends,...

08 Mar 2014

I graduated with a Master of Economics degree last year and am currently working on OPT. The CIP code for my major is not designated as a STEM degree, but I took as many courses in math as students in the mathematics program of study. Can I apply for a STEM OPT extension?

Answer No. Unfortunately, even if you had two majors, one of which was designated as a STEM degree, but the initial OPT was based on a non-STEM degree, you would still not be eligible for the STEM extension. According to SEVP policy guidance, "[i]f a student...