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Related Immigration Law Questions
My Employer filed H1B petition 2018 cap season. However,
My Employer filed H1B petition 2018 cap season . However, they declined my change status from F1 to H1B and explained following reason.Decision from USICESUSICES mentioned that my change of status was declined because of I didn't maintain Valid F1 status. They mentioned following clause which is According to the Title (8) Sec 214(F)(10) which explains that Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full-time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. Students in English language training programs are ineligible for practical training. An eligible student may request employment authorization for practical training in a position that is directly related to his or her major area of study. My Question is if F1 Student who holding CPT(Curricular Practical Training Programmer) while pursuing certain education level and then getting 12 months OPT employment benefices has Violated the law which 214(F)(10)?? Can you give me some suggestion am I Violated law according to above explanation … read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,421 satisfied customers
I am a Masters student on F1 Visa. I came in the United
My name is***** am a Masters student on F1 Visa. I came in the United States with a lot of valuable experience and one of my professors adviced me to file an eb2-NIW application. This was approved and confirmed that her judgement was correct. I am currently in the process of filing for an Adjustment of Status and Work Authorization. I want to know, when my AOS is filed, am I still ON F1? I am still in school and meeting all requirements of my F1. … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Im a daca holder and recently got married to my husband who
hi, im a daca holder and recently got married to my husband who is a US citizen. we are having trouble with the process to get me legalized in the states … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
21,477 satisfied customers
I'm an F1 student and I just got an internship offer for
Hi, I'm an F1 student and I just got an internship offer for next summer. I have a question. Can I work as an independent contractor under CPT? Thank you! … read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
7,678 satisfied customers
I am a physical therapist on H4 (dependent visa ) and have
hello, I am a physical therapist on H4 (dependent visa ) and have enrolled in a acupuncture course from new York college of health professions. they have given me I-20 and I can now book appointment f… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,421 satisfied customers
I am a student on an f1 visa but i completed an internship
I am a student on an f1 visa but i completed an internship without applying for a CPT because i didn't know i had to apply for it… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,421 satisfied customers
School graduate from NYU; i'm currently in F1; my OPT
Hi: I am Dental school graduate from NYU; i'm currently in F1; my OPT started on Aug 2nd' 2016. I got a job as a Dentist that has a start date from Dec 3rd 2016. I need to know if this will be okay fr… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,421 satisfied customers
I came to US on H4 Visa (Dependent) in 2013 and after 1 year
Hi. I came to US on H4 Visa (Dependent) in 2013 and after 1 year I did change of status to F1 Visa (Student) after getting admission into MBA program at Southern State University in San Diego - Califo… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,421 satisfied customers
I need to know what my options are? This is my case, I came
This is my case, I came as an F1 student and i married to a USA citizen … read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
7,678 satisfied customers
Employee with F-1 visa was red as OPT (optional pratical
Employee with F-1 visa was hired as OPT (optional pratical training) after graduation with masters degree. Visa expires very soon (1 month), and was not chosen in H-1b lottery. Now, employee assures t… read more
Expert James
Expert James
Doctoral Degree
13,029 satisfied customers
Pearl JA: The Immigration Lawyer will need to help you with
I finished my MBA last year(2015) and was working on OPT till now. My employer applied for h1b but it did not get selected in the lottery. I have a valid F1 visa until 2018 and my fiance is here in the US as well. we would be getting married next year and I would like to return to school to maintain legal status until then. Would transferring to a college for an associate degree be a problem after graduating from an MBA? … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am on H1- now. My fiancée is now on F1-OPT after
Hi,I am on H1-B now. My fiancée is now on F1-OPT after graduating from a non-stem Masters program. Her visa did not get picked in the lottery, hence she is planning to enroll for a F1-CPT Masters prog… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,421 satisfied customers
26 April 2016 04:36 26 April 2016 04:06 Case Background:I
26 April 2016 04:36 26 April 2016 04:06 Case Background:I came on Dependent Spouse Visa (H-4) and enrolled at International Technological University (http://itu.edu/). After enrolling I filed for COS … read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
7,678 satisfied customers
A detailed statement explaining how you obtained CPT
A detailed statement explaining how you obtained CPT employment at the CPT employer, whether individually, through the school, or through an outside company or consultancy;… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
, I am a first year graduate student at ***** ***** University
hi, I am a first year graduate student at ***** ***** University which is a accredited school. During my second semester, I worked outside the campus with a firm as a part time intern under CPT. Howev… read more
Expert James
Expert James
Doctoral Degree
13,029 satisfied customers
My sister's STEM OPT expires on Nov15th 2014. She get's her
My sister's STEM OPT expires on Nov15th 2014. She get's her MCAT score next week and is hoping to get into podiatry school beginning Jan 1st . Had she filed the H1B based on 8 CFR274a.12(b)(6)(iv), sh… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,421 satisfied customers
We have hired an intern for a 3 month period who is in the
We have hired an intern for a 3 month period who is in the US under a student visa. She is in a masters program at a local college. We have the appropriate forms signed by her college that allow her t… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
Is there a way to take an internship if I am a foreign student
Is there a way to take an internship if I am a foreign student on F1 visa, BUT my college doesn't offer CPT.… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

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17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

51,402 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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