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...

05 Oct 2015

Is there any temporary work visa available for Nurses?

Answer There is not a nurse-specific nonimmigrant category. This is a long-standing problem. Some (but certainly not all) RNs qualify for H1B status. They must have bachelor's degrees and work in the limited types of nursing jobs that require the 4-year degree as a minimum requirement....

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...