Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
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Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’
Release Date
U.S. Citizenship and Immigration Services today announced new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
Status, authorized period of stay and unlawful presence
Status, authorized period of stay and unlawful presence are three VERY important concepts in US immigration laws with far reaching implications. The nuances in these concepts are so intricate that they can trip up even my fellow-lawyers. I see issues in this all the time.
Here is a brief primier to enable you to understand the basics. This is by no means an exhaustive analysis.
Status
NSC Updates – 05/19/09
I-131 and I-765
With the exception of the I-765s for OPT for which there is a few weeks lag time all other I-131s and I-765s are being worked by the NSC as soon as they arrive at the center.
Screening of cases
From H-4 to F-1
Question details
1. I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:
If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?
2. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?
3. If I want to start working as a grad assistant from Fall 09 semester, do I have enough time to apply for a change of Status through USCIS, CA ? Will I get an approved F-1 by then ?
1. No. An I-539 is used if you want to change status within USA.
2. You need to check with your school about CPT. The requirements for OPT as I recall are two full semesters on F-1.
3. No one can predict that. Sorry.