OPT

USCIS to Publish Revised Form I-539 and New Form I-539A

Changes to form I539. This is an announcement from the USCIS: We have revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on our website on March 11, 2019. Starting on March 11, 2019, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16 or earlier. We will also be publishing a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, on the Form I-539 webpage on March 11. Form…Read More Breaking News

USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

Guidance Updated After Public Comment Period WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum (PDF, 129 KB) related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending. On May 10, 2018, USCIS posted a policy memorandum changing the way…Read More Breaking News

Federal Register Changed not to allow third party placement of OPT student!

Following an abrupt change of the Federal Register, it seems that the USCIS has decided that third party placement of OPT students are not acceptable. The amendment states: [T]he training experience must take place on-site at the employer’s place of business or worksite(s) to which U.S. Immigration and Customs Enforcement (ICE) has authority to conduct employer site visits to ensure that the employer is meeting program requirements. This means that ICE must always have access to a student’s worksite; if the student is sent to different worksite locations as part of the training…Read More Breaking News

Consulting companies can place STEM OPT students but cannot sign the form I-983

After a clarification from DHS that placement companies also known as consulting companies can actually place students on 24 Months STEM OPT, there is still the question on who or which organization is allowed to sign on form I-983 to obtain the form I-20 OPT and ultimately get a work authorization. This article from the website of "Study in the States" partly clarifies who can actually sign on the form I-983 in such cases.  The DHS is mentioning who should sign he form I-983  when candidates are placed at a third party organization.…Read More Breaking News

Shah Peerally Law Show June 30th 2016

This law shows covers H4 visa and H4 EADs most frequently asked questions including changing jobs while and spouse on H4 EAD, revocation of I-140 impact on H4 and H4 EAD.  Attorney Shah Peerally also covers issues relating to students new rules on I-983.  Listen to the recorded podcast on ITunes, Google play and Podomatics.Read More Breaking News

What is/are acceptable field(s) to be filled for CPT or OPT employment.

Following a question by AILA members on CPT and OPT, this is what the USCIS answered: Some Designated School Officials (DSOs) endorse Forms I-20 with only the dates of practical training, and not the employer name. May an employer accept such an I-20 (with the passport and I-94 card) for I-9 purposes without additional documentation, or must the employer obtain documentation listing the specific employer? An acceptable Form I-20 for curricular practical training or optional practical training STEM extension (STEM OPT) should have all Employment Authorization fields completed. The Form I-20 Employment Authorization…Read More Breaking News

The STEM OPT list of degree falling under Science, Technology, Engineering and Mathematics

May 16 2016 - The new STEM OPT of 24 months came out on May 10 2016 but it has completely redefined STEM OPT including the degrees which fall under STEM itself.  Here is a list of the STEM OPT requirements as per the government. The STEM Designated Degree Program list is a complete list of fields of study that DHS considers to be science, technology, engineering or mathematics (STEM) fields of study for purposes of the 24-month STEM optional practical training extension described at 8 CFR 214.2 (f). Under 8 CFR 214.2(f)(10)(ii)(C)(2), a STEM field of study is a field of…Read More Breaking News

Immigration Law Show – May 12 2016

May 12 2016 - The Shah Peerally Law Show today covered the main issue of STEM OPT with questions and answers from callers on the topic and other topics such as transfer of H1B with revoked I-140, AC 21 issues, H4 EAD and other interesting immigration questions.Read More Breaking News

Seven Things Consulting Companies should consider in hiring OPT students.

With the coming of the new rules on STEM Optional Practical Training (OPT), many students and employers are wondering whether they should actually hire students on OPT or not. This article covers some specific situations as they relate to employers especially consulting companies. The article includes but is not limited to their business model and whether they might encounter issues regarding hiring OPT work permit holders. Note that this article does not cover every single issues related to the OPT but it only tries to give a perspective on the OPT employment. First…Read More Breaking News

Revised Guidance for SEVIS Workarounds and STEM OPT Transition 

May 5 2016 - "After consultation with U.S. Citizenship and Immigration Services (USCIS), the Student and Exchange Visitor Program (SEVP) is revising its guidance on the handling of 24-month extensions of optional practical training (OPT) to include special instructions for students whose: Post-completion OPT ends before May 23, 2016, and Eligibility is based on a prior science, technology, engineering and mathematics (STEM)degree USCIS and SEVP developed special filing instructions for a limited number of students who become eligible on May 10, 2016 for a STEM extension based on a prior degree or for…Read More Breaking News

OPT Denials especially based on the 30 day Rule

Recently there has been a surge in OPT denials because of some of the reasons below: 1. OPT filed not meeting the 30 day rule 2. OPT denied because of CPT 3. OPT denied because of transfer of  SEVIS 4. OPT denied because DSO did not properly update SEVIS. 5. OPT denied because form I-765 not properly filed. The video below covers the issueRead More Breaking News

UNNJ Students – Is it possible to move to Canada?

April 19, 2016 - Due to the fact that many students are now eager to leave the US, we have been contacted by many for possibilities in Canada. Unfortunately the Shah Peerally Law Group PC does not handle Canadian immigration. However,  the law firm Joomratty Law Corp, has been nice to offer assistance. In case, you want to move to Canada, please feel free to contact them. This is a message from the President, M. Joomratty. "Given the sad turn of events at University of Northern New Jersey – UNNJ, our law firm has…Read More Breaking News

Difficulties of trying to re-enter the United States after UNNJ

Many of the ex-students of UNNJ who have left are asking whether they will be able to come back. The question is very difficult to answer unless there is an analysis of the specific situation in which the UNNJ students were in while “attending” the school. First of all for those who are found to have defrauded or presented fraudulent documents to any government officials including the Department of Homeland Security, the Department of State and other government entities, they might find themselves in a situation of willful misrepresentation or fraud. See article…Read More Breaking News

Can the press help the UNNJ students?

We are calling on the press to hear the stories of the UNNJ students.  We have been receiving hundreds of calls in the past week. As we hear the story of the students and their versions of situation, it seems that there are a lot of flaws in this operation. Entrapment is the word that comes to mind - in Jacobson v. United States, 503 U.S. 540, 548 (1992). “Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce…Read More Breaking News

10 Lessons to be learned from UNNJ (University of Northern New Jersey) and TVU (Tri Valley University) Sagas!

  • Posted on April 14, 2016
  • /Under CPT
UNNJ has hit many almost by surprise after the TVU saga. Unfortunately unlike TVU where the culprit was directly the school, here the culprits are hard to define. Are they the brokers or consultants? Or are they just the government which tried to trap the brokers? The question might never be answered unless the press or foreign governments questions the United States – why did this happen? Nonetheless the UNNJ saga is now going t to affect the decision of thousands of students who hope to study in the United States. The biggest…Read More Breaking News
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