F-1 Visa

Jan 20, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration Law

Discussion Topics, Jan 20, 2022 FAQs:
1. EB-1B for postdoctoral holder after a gap of several years in career 2. Date of birth and name corrections in birth certificate 3. COVID-19 delays in tourist/visitor extensions for B-2 holding parent and applying for their green card

Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped

Question details

My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:

  1. Is there a time limit for getting the approved H-1B visa stamped?, and
  2. If for some reason he is unable to travel next year as well can he extend his stem opt to remain in status?
Video URL
FAQ Transcript

1. No.

2. Yes, because remember he has deferred his H-1B change of status by requesting consular processing

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Citizenship and Naturalization

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Success in responding to an H-1B RFE questioning the beneficiary’s Curricular Practical Training (CPT)

We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing.

Immigration Law

Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, October 28, 2021:

FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry

Day 1 CPT F1 - Renewal

Question details

My wife is on Day-1 CPT and went for F1 renewal , without asking much question she got 214B denial. So there is an option to re-apply, do you think we should apply again and produce document which shows she got tie ups in home country ?

You can try. 214(b) denials are difficult to overcome and highly unpredictable.

FAQ Transcript

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

F-1 OPT travel

Question details

I am currently working on a F-1 visa and started my OPT in June. My employer would be applying for my H1B in 2022. Is it ok for me to travel to India right now? Will I face any problems while returning back? Also, for traveling to India what legal docs or formalities are needed?

FAQ Transcript

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Documents required for F-1 OPT holders to travel to the United States of America during pandemic

Question details

I am on my OPT period (June 1st, 2021 - May 31st, 2022) and am working for a company in the USA. I plan to travel to India for my sister's wedding from December 18th, 2021, to December 28th, 2021. The following are my questions for travel in these COVID situations:

1. I wanted to know the details for entering the USA. What documents should I have while entering the USA?

2. Does the USA allow OPT holders to enter?

A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.

FAQ Transcript

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

F-1 OPT and travel during pandemic

Question details

I am on F1 OPT and in the U.S. My OPT started in Jan 2021. My wife is in India and just got her F-2 visa. We both are Indian and haven't been able to meet. Would you please tell us if she can travel to the U.S.? Most places say that the program needs to start on or after August 1st, but I am very confused, given that my OPT began in January.

 

OPT is considered an ongoing program. She can travel now, subject only to the Covid-19 related health directives. 

 

FAQ Transcript

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.