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.

Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal

Question details

Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).

My employer had applied for H1B this year and last year but had no luck.

Question and suggestion, please:

1) What are my legal options?

1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?

2) Enroll in university for the Master's degree?

2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.

2.2 Should I continue to apply for H1B in the meantime?

3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?

Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.

Lastly, my passport expires in May 2024 as well. Is there any problem there?

- I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?

 

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FAQ Transcript

OPT can be applied at the next higher educational level. For instance, if your first OPT was based on a master's degree, you would need to pursue a higher level of education, such as a PhD, to apply for another OPT.

Regarding your passport expiration, it shouldn't be a significant issue. You have the option of expedited passport processing, which can help you get your passport renewed quickly. Overall, it should not cause major complications, and you should be fine.

For more information on your question please visit the blog section: 

https://immigration.com/blogs

 

Recording for July 13, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal ||Transfer an approved H-1B selected in the lottery to a new employer before October 1

Recording for May 18, 2023 Conference Call with Rajiv S. Khanna

FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp

Question details

I came to the US in Aug 2015. Completed masters in 2017. Started OPT on 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after a couple of months employer did not respond at all. I got a doubt and found another job and moved to a different company. Later I got an H1B and I 140 approved. I am planning to go to India this August 2023. Recently I found out through social media that the company I joined in the initial stage of OPT EAD was a black listed company. Most people who joined those similar companies' visas got rejected when they went for stamping. I am going for H1B stamping. Will there be a problem in my case? Could you please advise me in this case? In an emergency situation, I need to go to India. I heard from some friends and social media groups out of my research that I can go get stamping done in other countries and then travel to India and can be back to the US. 

 

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FAQ Transcript

Firstly, it is crucial to be truthful and transparent about your employment history. Attempting to hide or misrepresent any information can have serious consequences. If there is misrepresentation in your background, it is possible that you may be barred from entering the United States permanently. Unfortunately, there may not be much we can do to change that outcome.

It is advisable to consult with an immigration attorney who can assess your specific circumstances and provide personalized advice based on the current immigration laws and regulations.

 

Change of Status from H4 to Day 1 Cpt

Question details

Hello Rajiv Sir, My wife wants to do Masters and she is currently on H4 without EAD as I am awaiting PWD approval and other steps in the process.
 

My question is can she transfer from H4 to Day-1 CPT through F-1 by filing I-539? Also, If we do only 363 days of day-1 CpT, can she get opt and stem opt?

Once your wife obtains a change of status to F-1, she should be able to get CPT authorization if the school meets all the other requirements. Note that one year of full-time CPT takes away your eligibility for OPT. The regulations do not mention 363 days leading to disqualification. The regulations also provide an exception to the one-year bar for some graduate students. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/se…. Source 8 CFR 214.2(f)(10)(i)