H Visa Blog Entries

USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:

1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits  usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.

Here is a series of questions that should be relevant for many people:

Some questions from the community:

I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:

a. If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?

No. An I-539 is used if you want to change status within USA.

b. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?

A new member of our community, Blueheron wanted to know -

Here is another set of questions that may be of interest to you folks.

Facts from one of our clients
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.