Student Visas

Is USCIS abusing RFEs and NOIDs?

  • Posted on March 30, 2016
  • /Under H1B
  Recently we have noticed a surge in requests for evidence(RFE) and notice of intent to deny(NOID).  While the RFEs and NOIDs are normal tools adopted by the USCIS to look into cases which have insufficient information or for clarification, officers has the discretion to actually issue RFEs or NOIDs under 8 CFR 103.2(b)(8).  The rule also allows officers to issue denials without RFEs or NOIDs. However accordingly to a policy memorandum issued in June 3, 2013 (Requests for Evidence (Final)),"...an RFE is not to be issued when the evidence already submitted establishes…Read More Breaking News

Alert from ICE to Student those I-515A Form

Alert: Student Visa Crackdown: Form I-551A non compliance Beginning April 1, 2016, the Student and Exchange Visitor Program (SEVP) will send “Intent to Terminate” notices to nonimmigrant students (F-1/M-1), exchange visitors (J-1) and dependents (F-2/M-2/J-2) who failed to comply with the Form I-515A, “Notice to Student or Exchange Visitor,” directive by the specified deadline. Recipients of the “Intent to Terminate” notices will have 14 days, as of the date the notice is sent, to respond to the Form I-515A. Failure to comply will result in the termination of the their SEVIS record. For…Read More Breaking News

5 Tips how to answer an OPT/CPT RFE

  • Posted on March 25, 2016
  • /Under CPT
Recently we have handled many RFEs (Request for Evidence) cases on OPT (Optional Practical Training) , H1B and H4 EAD RFEs based on OPT or CPT (Curriculum Practical Training). The idea of those RFEs are to make sure that the students did not abuse OPTs or CPTs. The most common questions on those are based on the time of the candidates F1 student/OPT visas namely: Proving that the students have actually attended classes including proving their living within commuting distance of the schools; How much was being paid under OPT and CPT; Details…Read More Breaking News

Automatic Revalidation of I-94: For those who want Travel to Mexico, Canada and Adjacent islands

Applies H-1B / H-4, F1, OPT, and few other non-immigrant visa status individuals   Summer is coming and many are planning to travel for short vacations less than 30 days to Mexico, Canada or on short cruises. Usually a visa stamp on the passport is required to be able to travel abroad. However, there is an exception for H4, H1, F1 visas, OPT students and some other non-immigrant visa holders to travel without needing a visa stamp on their passport. This process is called the automatic revalidation (as per revalidation of I-94 status).…Read More Breaking News

NEW RULE FOR STEM OPT: EXTENSIONS AND EMPLOYER REQUIREMENTS

On March 11, 2016, the Department of Homeland Security issued a new and final rule: Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students. WHAT IS OPT? Students who are in the United States on an F visa have the option of working within the United States by performing practical training employment, either during their academic program or upon completion of their program. The two categories of practical training employment are CPT, Curricular Practical Training, and OPT, Optional Practical Training. Either CPT or…Read More Breaking News

5 Reasons Not To Celebrate on the New STEM OPT Rule – Effective May 10 2016

The new long awaited Optional Practical Training (OPT ) rule allowing an extension of 24 months for STEM student is out and will be effective as from May 10 2016 when STEM students will be eligible to apply. While the rule is a relief for many, it can actually be also be a ‘headache’ for others. We have tried to explain the new rule of STEM OPT on this video Below are few points that need to be noted regarding the new STEM OPT: 1. The emphasis on Training and Monitoring. “DHS has…Read More Breaking News

Filing a technical IT H1B with no Technical Academic IT background.

March 8, 2016 - With the H1B new Cap season fast approaching, many students are finding it hard to get jobs in their field of study and want to move to an IT position for the H1B. There are many complications in doing this, however it is not impossible. The video below covers the issues related to such a move. Feel free to call us at 510 7425887, should you need any help.Read More Breaking News

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