Recent Feedback
FOR JUDITHI have problem with my DSO. Today was the last day of my I-20.He mentions that the SEVIS system does not show a menu or option to move a F-1 student to cap-gap. He mentions that it was not possible to move a F1 without OPT to capgap, even though he read your document. He will contact next monday or tuesday the SEVIS to ask the question.Do you know the precise SEVIS procedure to move F1 (no OPT) to cap-gap ?
Optional Information: State/Country relating to question: California Already Tried: Right now my DSO tells me that I need to go back to my country once the grace period has ended, and come back on 1st October. Then again to be certain, he will call next week the government in Washington (Sevis ?)
Hello,my name is Judith. Thank you for this opportunity to answer your questions.No I don't know how he enters that into the SEVIS system but the help desk will lead him through it.SEVIS concerns or questions should still be directed to the SEVIS Help desk at (NNN) NNN-NNNN The SEVIS Help Desk is available from 8 a.m. to 8 p.m. Eastern Time, Monday through Friday. Judith
She made me quite worried, like if I was guilty of leaving their university so soon to be on cap-gap... But I just graduated today from my international program.Actually will it be certain that SEVIS help desk will solve this issue (to tell him how to do the cap-gap for F1 without OPT) ? What do you think ? (I am worried now)
You are only making a report to the DSO that you should do to protect yourself and have evidence of your being lawfully in the US while waiting for the H1B start date.This DSO seems very arrogant and unwilling to follow proper procedure.You can call the Help Desk and see if you can get one of the people on the help desk to talk to you so that you can report the uncooperative attitude of the person who is charged with helping and ensuring that students receive the necessary assistance to keep their SEVIS records accurate.You have no reason to feel guilty for asking this person to do their job!!!!! You have abided by the law and don't let them intimidate you.Judith
If I answered your question please leave positive feedback, if I earned a BONUS, it is appreciated.
Please feel free to ask me another question with a new thread – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. You can bookmark my profile page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/
If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.
thank you for explaining me the picture as I am not familiar with US status/F1/CapGap.He mentioned that since my I-20 is finished today, it is possible that he won't be able to set "capgap" on Monday, since I-20 finished today. Is my DSO playing on intimidation to push me to take 3 months more courses in their private establishment ? Or is he entitled ?
I cannot explain the motivation for the intimidating behavior.If the DSO was doing their job they could have picked up the phone right then and there while you were in the office and called the help desk.The the best of my knowledge there is no requirement of updating the SEVIS record with cap gap status prior to completion of the course of study! This is only logical because you can have an H1B filed during the grace period and be entitled to cap gap.So their thought process is flawed.Judith
He explained he never had this case before and since the option was not visible on the computer SEVIS system, most probably it won't be possible: "you have to go to your home country at the end of the Grace period". Nevertheless he will call SEVIS Washington on next week.He said that it was too late to call SEVIS Washington now (actually they were still opened 30 minutes more).So I think I will just wait next monday, and feel comfortable as per what you explained me "I am in my right and all was done correctly from my side"
This is someone who should not be in this job. They are dangerous. At least you know enough to check with lawyers to comply with the laws and to use the law to suit your goals and objectives.This DSO really wanted to just get rid of you and probably only wanted to start their weekend, not do their job.But you know this is not a real quality school, so given it's reputation it should not be surprising that the DSO has a less than stellar attitude about their job.Put it aside now until Monday and be in their office a 9am and make them do their job to let them know you will contact the SEVIS certification officer at Dept of State to seek assistance.Judith
Experience: 33 yrs attorney on all nonimmigrant & immigrant visas
Hello,I checked all the documents you pointed out before (Policy Guidance for DSO / cap-gap...) and I understand that I have automatic cap-gap starting at my end of grace period (60 days) but that I need my updated I-20 with an end date of 30th September 2012, which is my legal proof of valid status for September 2012.Then the DSO and I must check that CLAIMS has updated my SEVIS records and then print the new I-20.You are completely right, my DSO did not want to read the documents on Friday afternoon, started to lie, threaten me and tell that my different lawyers were all wrong. Quite bad. This University of xxx Extension
Yes, you must get the updated I-20 from the school.What is the question?Judith
no question. I just want to confirm what I wrote (all 100% exact) before meeting again the DSO. I will pay bonus on it.I was thinking DSO were here to help. I stayed in their university thinking it was a good one
You have the picture absolutely and totally correct.Honestly, most university DSO are extraordinarily helpful because they understand their duties as a DSO are to comply with SEVIS rules and to assist the student in maintaining status.For some reason this DSO sees their job as just the opposite and perhaps you may want to make an appointment with the Dean of Admin and bring the problem to their attention.This is how a uni looses enrollment of international students. You can go on the internet and post the problems you are having with the DSO and if word spreads about their lack of knowledge of SEVIS rules, they are going to loose their international enrollment which is a huge part of their revenues.Judith
I will see if the DSO has read thoroughly your SEVIS documents this time. I try keep my calm.But in case CLAIMS has not yet updated my SEVIS records, does the DSO has to call SEVIS helpdesk ?Or I should email in 1 month my DSO to mail me the new I-20, once SEVIS is updated ? (I can not stay several weeks in that region)From My Case Status
On June xx, 2012, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-XXX-XXX-XXXX.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
They need to call the Sevis Help Desk and request a Data Fix and in doing so they need to get the case number XXXXX the same time.Once the ticket is open you will need to check with the DSO regarding resolution on a continuous basis.Judith
ok so if the DSO reports me that my "SEVIS end date" is still xx June 2012, then he should open a ticket with SEVIS helpdesk to request the Data Fix (update SEVIS as per CLAIMS). Is that correct ?Do you think the DSO needs to see on the SEVIS system my "end date 30th September 2012" to print/edit my new I-20 ?Or should I tell that I have to leave the region (unecessary accommodation cost) and that I already presented him the H1B acceptance proof ?Advice ?
He doen not really need to open a ticket unless CLAIMS has not been annotated in your SEVIS.
There have been some problems with CLAIMS automatically noting your H1B in the SEVIS.
If he cannot issue a new I-20 b/c the CLAIMS has not been noted in your SEVIS then he has to open a ticket with the help desk. The SEVIS has to have the CLAIMS updated in it to be able to issue the new I-20 with your end date of 9/30/12.
Judith
So the DSO must check if the CLAIMS annotation are present in my SEVIS record ?If not present, he must open a case at Helpdesk.If present (30th September 2012), he must print my new I-20Is that all correct ?I will see the DSO this afternoon
So the DSO must check if the CLAIMS annotation are present in my SEVIS record ?CORRECTIf not present, he must open a case at Helpdesk.
CORRECTIf present (30th September 2012), he must print my new I-20CORRECTIs that all correct ?
CORRECT
I will close these new questions and pay bonus.I got answer 5 days ago for the H1B (status: Decision).Should we wait a few weeks more ? Or the SEVIS should have been already updated ?Just your opinion or eventually answer.Because the DSO may tell me to wait until the end of my grace period...
NO need to wait.
The CLAIMS entry would have bee made instantly into the SEVIS. If it wasn't then there is a problem NOW.
A ticket to correct should be opened immediatley.
I will reopen this thead an add a new bonus.
Here is the result. I got a new I20 wih page 3 mentioning
Comments: F-1 status for this studen has been automatically extended to September 30, 2012. The student is authorized to remain in the United States. This is pursuant to 8 CFR 214.2 (f) (5) (iv) and 8 CFR 274a.12(b)(6)(iv), as updated April 8, 2008 in a rule published in the Federal Register (73 FR 18944). Aditional information about the automatic extension can be found on the Student and Exchange Visitor Program website at www.ice.gov/sevis
Benefit Start Date/Request Date: 10/01/2012
- Does that mean that the CAP-GAP was written on my new I-20 ?
- Page 3 is not signed, nor stamped (current Authorizations not signed). Is that normal ?
- When can I apply for a SSN ? As soon as he employer writes me a letter ?
thanks
YOU WON!!!!!She didn't have to go over board with all that legalize but it is fine. It just shows her inexperience and that she did a CYA.Technically you probably cannot get the SSN until 10 days before the date your H1B starts, but there is no harm in trying now.Judith
I think the success is all coming from you and your High expertise.
It is very interesting for me to follow your analysis and see you finding solutions.
I just showed her what you explained me in detail.
What is CYA ? Covering herself ?
- Page 3 has no signature, nor stamp, is that fine ? (Current Authorization is blank. Back of the page has no signature). It looks fine to me, since I do not exit the country
I wouldn't worry about the signature. I don't think it is required. I'm not 100% and can do some research for you late tonite or early morning.
Thanks so much for your compliment. You can always write to my bosses and tell them what you think at experts@justanswer.com
CYA = coveryourbum.
judith
Thank if you could confirm about the "no signature on page 3". I will scan the page soon.
I will email them.
That is great to see you working on cases
OK, I'll do some homework later.j
Here is the document to download: http://www.4shared.com/office/_38BTCR0/new_I20.htmlSo like if I was on OPT, I must email my DSO whenever I change of address and of phone number. Is that correct ?Reply whenever you have time. It must be late on your side
The I-20 was correctly extended.
I will do that research now and let you know what i find.
j
OOPS
The DSO did exactly as required.
See 9.2,3
http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf
No signature required.
The DSO told me that SEVIS helpdesk did modifications and it took some times.So like if I was on OPT, I must email my DSO whenever I change:- address- phone numberElse I may be out of status ? (if not reachable)Is that correct ?
Correct because you are still on an F1 and they have to know your whereabouts.
I will close the thread and pay the bonus.So I will be on F-1 until 30th September. Is that right ?And still under my current university I-20.
So I will be on F-1 until 30th September. Is that right ?And still under my current university I-20.