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.

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)

Recording for April 20, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident

March 25, 2023, Rajiv in QnA on behalf of students and young professionals

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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

Recording for March 23, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Immigration Law

Discussion Topics - March 23, 2023

FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||

Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

Question details

My case in brief:

I am currently of F1 OPT (STEM), valid until 15th June 2023.

My company will be filing for H1B this March.

However, I am wondering if I should be filing for an H4 visa simultaneously.

Could you tell me how long it takes for an H4 visa and an h4 EAD to process?

If I file for an H4 visa in February, would I lose my f1 visa as soon as the h4 visa is approved?

Is there any new policy where I can get h4EAD sooner? And moved my F1 EAD to h4 EAD without any employment gap?

Should I wait for the h1b result before applying for an h4 visa?

What is the best scenario to switch from F1 OPT EAD to h4 EAD, without/minimum employment gap?

 

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FAQ Transcript

If you have been selected in the lottery, you will get a cap gap extension.  If you do not get selected in the lottery, then obviously you have to go to H-4, you have plenty of time to figure that out. As soon as the change of status is approved, you lose your F-1.  Premiuming through your husband would be great if that works for you.

Recording for March 09, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

H-4 visa dependent children change of status to F-1 before 21

Question details

My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
 

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FAQ Transcript
  1. She needs to file for a change of status before she turns 21.
  1.  I believe it is two full semesters one academic year, double check that with the DSO.