F Visa

F-1 reinstatement

I am a F-1 student from India. I was declared out of status by the college as I dropped below 12 credit hours this semester. I had a sprain in my ankle, but i did not visited any doctor for such small thing, and as a result i don't have any medical proof to back my story in reinstatement. I am confused weather this reason (ankle sprain) will be sufficient for my reinstatement application to be accepted, or weather i should try re-entry with a new I-20; and if re-entry is a better option, from which country? (my home country(India) or any other country such as Canada, or Mexico).

As far as I know, reinstatement requires exceptional circumstances. A sprain may not be it.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Lost old EAD card for another OPT application

I am currently a PhD student and preparing for application for OPT. Previously in 2004 upon earning BS degree, I got OPT and worked for a summer. In preparation for a new OPT, I realized that I need to provide copy of front and back of the previous EAD card. However, I cannot find the card. I just found copy of I-765, I-94, and I-20 for the previous OPT.If I submit without copy of the previous EAD card, will I be likely to be denied for the new OPT? Also, what is the safest way to deal with this situation.

First, discuss the possible solutions with your international students office. Second, call USCIS customer service and ask for solutions. Third, provide whatever you have with a full explanation to USCIS when filing the new OPT.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Student visa

I have student visa and want to come to the US earlier than that 30 days allowed period of time.Probably one month earlier.Can I enter on visa waiver and before school starts re-enter the US by going to mexico or canada to activate the student visa? (which i was told i need to do).if i do so,do i need to buy one way or round trip ticket since i do not need to go nack to europe to re enter the US and how do i explain it to the immigration officer that i only have one way ticket? a while ago i learned i need to obtain change of classification and fill form I539 which takes months.is that so?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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ICE Issues School And Exchange Visitor Policy Guidance For Designated School Officials On Optional Practical Training Extension

ICE publishes school and exchange visitor policy guidance for designated school officials on Optional Practical Training extension.

Please check the attachment for details.

Nonimmigrant Visas: 
Profession/Occupation: 
Agency: 

Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.

Questions & Answers

Q: What is the H-1B cap?

A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.

F1 visa to business visa or H1/L1

Which visa is easy to apply. Is it business visa or H-1 visa?

If you qualify, H and L visas are certainly more secure than an F visa.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F1 and OPT Expired but 60 days not up

I have a Bachelors degree and a Masters degree from the US. My EAD from my masters degree recently expired and the 60 days is almost up. I dont want to go back to school or go back to my home country. If i do find an employer willing to file for a green card based on EB2, will have to go back to school to maintain my status while the green card is in process or will my status change once the paper work is turned in?

This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Need information

I entered USA on F1 visa with my married name. As i got divorced a week before flying to USA wasn't able to change the last name. Now i am graduating soon and wish to obtain certificate in my maiden name. So i got my last name changed in passport from Indian Consulate San Francisco. But in my new passport there is no visa. So what should i do? The consulate and my school says that whenever i go back home i need to get a new visa. So is that true? Will there be any problem in going back India for summer vacation and getting a visa again? Is it possible to get visa here?

Generally speaking, getting a new visa endorsement should not be a problem. You cannot get a visa within USA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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The DREAM Act

Introduced in the US Congress (both Senate and House) on March 26, 2009 the Development, Relief and Education for Alien Minors Act (The "DREAM Act") is a long projected immigration bill.  This bill if passed will provide millions of immigrant children who graduate from U.S. High Schools the opportunity to receive U.S. Residency (a "Green Card").

The benefits of this bill:

Immigration Law : 
Nonimmigrant Visas: 

Status change from F1 to H1b

I got F1 in Jan 2009. Got H1b approval in May 2009. H1b approval means just got I797B form. I preferred to join Fall 2009 semester in University and came in USA in Jul 2009, got I94 with F1 and continued to fulfill F1 obligations.Now I want to change my status from f1 to H1b, and its seems my employer needs to file a petition with form I-129, will that means it should be applied April 2010 and all the balloting process and I will be able to start work after 1st Oct 2010. Will my existing unused H1b approval be able to be used and to exempt cap and and all things required? And can I get I797

You are cap exempt and should be able to change status OR get H-1 visa stamping right away. No waiting till 1 Oct.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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