New Rules for 17-Month STEM Extension (Ongoing Updates until completed)

24 December 2015

DHS has asked for an additional extension of stay to 10 May 2016 of the court order under which the STEM extension of OPT was invalidated by the DC federal court.  DHS needs time to review appx. 50,500 comments they have received on the new proposed regulations.  Historical discussion pertaining to the lawsuit is at this link: http://www.immigration.com/blogs/17-month-stem-cap-gap-opt-extension-voided-court

DHS proposes changes related to on-the-job training program for STEM students

WASHINGTON — The U.S. Department of Homeland Security (DHS)  proposed changes to its regulations that would strengthen and enhance the process for foreign students with science, technology, engineering, or mathematics (STEM) degrees from a U.S. college or university to get practical training experience in the United States.  The enhancement of this regulation was announced as a part of President Obama’s November Executive Actions. 

Recording of Free Community Conference Call (Every Other Thursday), 15 October 2015

Immigration.com

Substantial transcription for video

Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.

Transferring Forms I-600 Filed on Behalf of Children from the Republic of Korea from National Benefits Center to USCIS Seoul Field Office

Since Oct. 1, 2015, the USCIS National Benefits Center (NBC) no longer issues final approval of Forms I-600, Petition to Classify Orphan as an Immediate Relative, filed on behalf of children from the Republic of Korea (ROK).   Instead, NBC will transfer cases that appear to be approvable to the USCIS Field Office in Seoul (USCIS Seoul). This internal change will not impact the processing of these cases.

Recording of Free Community Conference Call (Every Other Thursday), 1 October 2015

Immigration.com

Nonimmigrant Visas

Substantial transcription for video

We discussed these (and other) issues of US immigration:
FAQ: Can a J-2 holder get a HRR 212(e) waiver without J-1?
Other: Retaining green card while in Canada; Starting my company, violation of status; I-140 revocation; Unused H-1B for quota exemption; H1B to H4 COS without latest Paystubs; EAD renewal separated from spouse; H-4 EAD approved in error; Effect of salary reduction; H-1 transfer, OPT travel; Visa Waiver apply for AOS; Retaining priority date; Visa stamping for H-1B amendment; Arrest without conviction; Reentry permit, etc.