Attorneys Law Firm Practicecontact us
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,...

15:05 / FAQs
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...

09:26 / FAQs
24 Feb 2014

My mom came to the U.S. on a B-2 visa on 04.Sep.2013. We applied for her I-130 and I-485 concurrently on 14.Dec. Fingerprinting is done. Her I-94 is expiring 04.Mar.2014. Do we need to apply for extension of stay (I-539), as we are waiting for I-485 interview?

Answer: Individuals with properly filed I-485s are considered to be in a period of authorized stay in the U.S. Thus, there is no requirement to keep the nonimmigrant status. Moreover, in this example, there is a conflict between any claim to be a visitor and the...

21:35 / FAQs
21 Feb 2014

I am currently working on OPT that will expire next week. I am eligible for the OPT extension based on a STEM degree. When should I file my OPT STEM extension application? Can I still do it within the 60-day grace period upon the expiration of my initial OPT?

Answer: No. While it is true that you should be in valid status during the 60-day grace period upon the expiration of your initial OPT employment authorization, a timely filed STEM extension application has to be filed (i.e. received by USCIS) prior to the expiration of...

10:03 / FAQs