Frequently Asked Questions - F-1 Visa

F-1 OPT Requirements

1. Once you receive a recommendation for post-completion OPT from your Designated School Official (DSO) to pursue OPT, you must apply for an employment authorization document (EAD) with USCIS within 30 days. Additionally, you may file up to 90 days prior to your program end-date and not later than 60 days after your program end date. 

SEVIS Terminated

Generally speaking, you will need to demonstrate that the termination was erroneous. Ask your DSO for a letter explaining that. In addition, you can add your own statement/affidavit explaining the circumstances. Your

Form I-20 and Work Authorization

A student should have no negative impact on off-campus employment if s/he has the USCIS-issued Employment Authorization Document and a Form I-20.

F-1 or F-2 Extension—Leaving Country Prior to Visa Expiration

You will need a new visa only if you return after August 2013. Check with your DSO to make sure you have all the appropriate requirements completed.

Two-year home residency requirement

Yes.  F visa is NOT forbidden.  But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.

F-1 Curricular Practical Training (CPT)

You have two choices that I can see: apply for reinstatement or go outside USA and reapply for a visa.

Out of F-1 visa status

You can just apply for your green card. Do not travel outside USA until you get your green card (or travel only as advised by your lawyers).

RN F-1 visa

You will have several years of wait in the green card process.

I130/485 for wife

I do not see any problem if the 130/485 is filed during the 60 days following the F-1. In any case, she can and should apply for OPT.

MAVNI to F-1

You need to get back with your International Students Office and see what they recommend.

Travel overseas on F-1

I do not know the details of your case or your SEVIS status. If your International Students Advisor is experienced in immigration law (most of them are), you should take their advice but ask them to tell you the reason.

Can a Green Card be Started on F-1 Status?
Changing from H-1 to F-1 and back to H-1
F-1 Student Directly Filing for a Green Card

There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.

STEM OPT Extension for Consulting or Staffing companies
Changing Back to F-1 Student Status After Filing for Green Card
Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=65 

Withdrawing one pending petition (H-4) when another is (F-1) approved

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/F0YZD8zWm88?t=72

J-2 or J-1 with 212(e) HRR converting to F-1 student

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=520

H-4 EAD Expediting Possible?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Sister's Green Card

Siblings Green Card is like  planting mango trees, in India we used to have saying that mango trees takes so  long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card.

Immigration Impact of Crimes, Misdemeanor Conviction and Petty Offense Exception

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=xp4B1_qhvtM#t=2538

 

FAQ Transcript

Can I Travel Back On F-1 Visa If My Reinstatement Is Denied?

In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry.

How to Enter The USA to Start A Business And Then Continue

There are several issues that should be examined before you can make an informed decision.

1.  B visa or ESTA does not allow you to “work:”

Reentry for F-1 Nonimmigrants Traveling Outside the United States

This section of the FAQ applies to continuing F-1 students who travel outside the United States for five months or less.