State Department

Do not Travel on the Cap-Gap (Moving from OPT to H1B)

Travel during Cap-Gap Extension Period A student granted a cap-gap extension who elects to travel outside the United States during the cap-gap extension period, will not be able to return in F-1 status. The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is for an October 1 start date, the student should be prepared to adjust his or her travel plans, accordingly.Read More Breaking News

What is in the New OPT 24 Months Program?

March 6 2015 - It is expected that on March 10 2015 the final rule on new OPT STEM extension will be released. The new rule was proposed under OMB Federal Register and is on it final stage. The rule is called "Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students". As you will see while the new rule will expand the STEM OPT time for students, it also comes with many strings attached especially to potential employers. Below we have outlined…Read More Breaking News

10 Reasons why Indian F1 students are being Deported or Refused Entry in the US.

Lately we have seen a surge in F1 students denial. Many are asking why? The question is not easy to answer, however having spoken to hundreds of the students who are having F1 student visa issues as an immigration lawyer, I have come up with some of the answers: Many students are picking wrong schools. There are many 'diploma mills' school out there which while actually helping some students, are effectively undermining the genuineness of the F1 student visa program by overreaching in the curriculum including abuse of CPTs. Students are wrongfully abusing…Read More Breaking News

December 2015 Visa Bulletin is out and no great movement for India

November 9 2015 - The December 2015 Visa Bulletin is out, while there is a slight movement for India EB2 on the processing time on the chart to June 2007, the acceptance date for India has remained on July 1 2009. This is quite frustrating when the hope was that the government will actually move the date above the July 2009 threshold.  We hope things will change soon. For those who want to know how the new visa bulletin works, we recommend checking this Youtube video.  We also recommend that you all continue…Read More Breaking News

H1B Transfer after six years.

November 7 2015 - In order to transfer the H1B once someone past 6 years of extension usually require one to qualify under AC 21 rules or an approved I-140 petition. This video is a guide on the necessary elements to transfer the H1B once someone passes its 6 years on H1B.Read More Breaking News

Porting I-140 priority date.

November 6 2015 - The priority date has become a big issue of confusion especially after the recently Board of Immigration Appeals (BIA) non-precedential decision – In re: Grace Estrellado – the result appears contrary to the U.S. Citizenship and Immigration Services’ (USCIS) policy regarding priority date retention. Watch this video on the issue.Read More Breaking News

The New Visa Bulletin Explained

November 5 2015 - The new Visa Bulletin instead of actually be a savior to many has become a source of uncertainty but also seems to be very confusion for many. We hope this video can help to clarify some of the myths and misconceptions.Read More Breaking News

DHS proposes changes related to on-the-job training program for STEM students

ICE Media Release, Oct. 16, 2015- "The U.S. Department of Homeland Security (DHS) today proposed changes to its regulations that would strengthen and enhance the process for foreign students with science, technology, engineering, or mathematics (STEM) degrees from a U.S. college or university to get practical training experience in the United States.  The enhancement of this regulation was announced as a part of President Obama’s November Executive Actions. The optional practical training program, or OPT, allows nonimmigrant international students and new graduates to extend their time in the U.S. on their F-1 student…Read More Breaking News

DHS Proposing a 24 Months Extension on OPT – Great News for F1 Students!

The Department of Homeland Security (DHS) proposes to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also improves and…Read More Breaking News