Can I do two STEM OPTs, one after bachelor's and the other after Master's degree?

Question details

I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree? Does the Masters also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT?

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FAQ Transcript

You can get a STEM OPT extension twice in one academic life cycle. Even if you did a STEM degree  and never used stem opt extension you should be able to reuse it. 

 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

How can I maintain my H-1B while working outside the USA?

Question details

I would  highly appreciate it if you could share any insights for my case. I hold H-1B working for MNC in Seattle, USA. I applied for Canada PR and it was confirmed. I will travel by car to Vancouver Canada and work in Canada remotely with a Canadian house address. At the same time I want to maintain my H1B visa. Is that possible and how? I got to know H1B is valid as long as we work on US soil. 

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FAQ Transcript

Sure, but maintaining an H-1B simply means that your H-1B is not destroyed just because you are not working here all the time. Also remember that you can recapture the time spent outside.
For more on this topic please visit my author page.
https://economictimes.indiatimes.com/etreporter/author-rajiv-khanna-479254772.cms
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Options if employment-based I-485 is denied?

Question details

1. My I-485 was filed in August 2022. Priority Date: 2014. Lost a job. H-1B withdrawn and offer is canceled. Current H-1B remaining till January 2023. If I-485 is denied do I have to leave the country? Can I work for the remaining 5 months?

2. After retrogression, can I transfer H-1B?
 

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FAQ Transcript

1. You can finish your H-1B term.
2. I don't see why not.
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?

Question details

My parents who are green card holders applied for the i-131 travel document in Sept 2021. They finished their biometrics in Oct 2021 and left the USA on Nov,14th 2021.
There has not been an update to the case after the biometrics. Do they need to return to the US by Nov 14th, 2022? Or can they wait till the I-131 application is processed before returning to the US?
 

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FAQ Transcript

If they can come back before November I think that would be a good idea just to be safe.There is no guarantee that the reentry permit will be approved, although it is very rare for reentry permits to be denied at least for the first two years.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

STEM extension expiring, options to stay in USA, Is Day 1 CPT safe and legal?

Question details

I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
 

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FAQ Transcript

It is legal and so far it has been safe. You know that the rule for Day 1 CPT requires that when you join, you are associating with a graduate program otherwise you cannot get a Day 1 CPT. The Curricular Practical Training is an integral part of your degree. You cannot finish the degree without the practical training. The other thing is the employer signs the cooperative agreement with the university. The only additional suggestion I have is if you are going to do Curricular Practical Training make it as an adjunct to your profession.

For more information please check my blog.
https://immigration.com/blogs/curricular-practical-training-cpt
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants

Release Date 

On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:

Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv

Immigration Law

FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||

USCIS Will Only Consider CW-1 Petitions Approved and with Starting Validity on or after June 18, 2020, when Applying the Temporary Departure Requirement

Release Date 

U.S. Citizenship and Immigration Services is clarifying its Aug. 25, 2020, policy on implementing the requirement that workers leave the United States for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification.

Concerns and issues while parents are traveling to India with Advance Parole while waiting for the Green Card

Question details

I am a U.S. citizen and I had applied for a green card for my parents and they were in the USA and now they have received their Advance Parole.

1. When our parents have Advance Parole, is there any special process to leave the U.S.?

2. Do we need to inform the airline staff during their check in process?

3. Even though Advance Parole documents specify that parole is valid for one year, is there any advisable timeline they could stay in India on Advance Parole?

4. What is the process for entering the USA on Advance Parole besides showing their parole documents to the CBP (Customs and Border Protection) officer at the airport?

5. Any instructions or guidelines for using Advance Parole?

6. What if their Green card gets approved while they are in India?

1. The answer is No.