OPT

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

Recording of August 18, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna

Immigration.com

Agency

Discussion Topics, Aug 18, 2022

FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

PhD students and eligibility for EB-2 NIW and working on F-1 OPT

Question details

1) Is it possible for current PhD students to apply for EB-2 NIW?
I have been through websites where they have said It's Possible, but then why is it not possible for current MS students?
2) Is it possible to work and study in F-1 OPT after completing the degree?
 

Video URL
FAQ Transcript

Sure, you can apply for any of these green cards while you are still a student.

Please go through my article in The Economic Times: 

https://economictimes.indiatimes.com/nri/migrate/can-student-visa-holders-apply-for-a-green-card/articleshow/83976519.cms

NIW laws require only that you possess an advanced degree. A Master’s degree is an advanced degree.

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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.

Continuing work or reverting to STEM OPT during H-1B Change of Status

Question details

Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?

Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?

Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
 

Video URL
FAQ Transcript

1. You can  double check with your DSO  about the technical issues involved.

2. You have to go back to your DSO and tell them you would like to continue on OPT STEM.

3. All the time.
 

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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.

Recording of July 07, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Nonimmigrant Visas

Immigration Law

Discussion Topics:

FAQs: Experience & education requirements for a PERM/labor certification-based green card || Continuing work or reverting to STEM OPT during H-1B Change of Status || For PERM, can I use my master's degree completed after I joined?

STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card

Question details

1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?

2. Can all my employers start my green process simultaneously?

3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?

4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?

5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
 

Video URL
FAQ Transcript

1. Yes. STEM OPT people can also have more than one concurrent job, but they have to work with their DSO's to make sure the paperwork is filed properly.
2. Yes, as long as there is a good faith intention to join any one of these employers who can get your green card.
3. Yes, you can. You can have  multiple H-1B approvals living together in the same space.
4. It does not impact the speed of the green card. What is most important is the company's financial solvency.
5. Remote work is possible for both OPT STEM, H-1B and Green Card jobs.
 

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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.

While waiting for OPT approval, is "unpaid leave of absence" a violation of the student status?

Question details

Is it considered a violation of F-1 status to be on "unpaid leaves of absence" instead of being unemployed while waiting for OPT approval?

Video URL
FAQ Transcript

In my opinion, if you go on leave without pay you are only entitled to benefits or not even benefits as long as you are not working. I do not consider this to be a violation of the student status.
 

 

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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.

Extending or Renewing F-1 student visa risks and requirements

Question details

I have been in the U.S since 2017 and my F1 visa expires this month due to the 5 year validity period.

1. I graduate in December 2022, so is there any risk in renewing my visa this summer? Any chance of rejections?
2. What is the risk involved in renewing my F1 visa in another country besides my country of citizenship? I lived my whole life as a resident in another country without citizenship, but am no longer a resident there, so was wondering if renewing there is fine?
3. Is renewing an F1 visa necessary for OPT? I believe it's not necessary. Is renewing an F1 visa necessary to apply for H-1B and Green card?
 

Video URL
FAQ Transcript

1. First  of all, unless you are traveling you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem. 
2. Technically, once your F-1 has been granted, any country should be able to renew it.
3. It is not necessary for both your queries.
 

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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.