F-1 Visa Sample Cases from our office

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing. The RFE noted that the evidence submitted showed that the beneficiary lived and was doing the CPT several hundred miles from the university. We first provided requested additional information regarding the employer. We then provided further evidence that the master’s degree program offered both online and hybrid courses and did not require students to live within commuting distance of the university, that the CPT was an integral part of the academic program, and that the beneficiary had been in valid F-1 status. We supported the response with ample corroborating evidence, including documentation from both the university and the petitioner regarding beneficiary’s status. The petition was approved shortly after the response was filed.

Status: The petition was approved shortly after the response was filed.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

-----------------------
Category: F-1 Visa, Form I-485

 

 

Our client received a NOID after attending his interview to determine eligibility for adjustment of status. After analyzing the applicant’s address history, Service alleged that several years back, the applicant had failed to continuously maintain lawful immigrant status due to a failure to take a full course load as a student on F-1 status. We responded with a detailed letter from the University, explaining that despite the distance education, the school’s academic program structure and the applicant’s attendance records were consistent with regulatory requirements for a full course of study. The case was approved approximately two months after we submitted our response.

Form I-485 approved
DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

-----------------------
Category: F-1 Visa, OPT

We have won a series of cases where USCIS had earlier held that unpaid employment under OPT was legally unacceptable to maintain status.  We have argued that such holding is contrary to all law, policy and precedence.  Students are NOT required to engage in PAID employment.  All these cases were won after we filed our briefs pursuant to Motions to Reopen (MTR).

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

-----------------------
Type of case: F-1 Student Status
Category: F-1 Visa, DSO, F Visa

Our client, a former Tri-Valley University of California (TVU) student who was left out of status due to unexpected closure of TVU, applied for reinstatement to student status.  He retained us to respond to the Request for Evidence (RFE) he received on his reinstatement application.  There were several serious issues raised by USCIS in the RFE.  One of them was that the USCIS alleged that the online classes our client took at TVUdisqualified him from full-time F-1 student status.  We prepared a comprehensive response and documented our client’s entire case history.  We argued that our client complied with F-1 regulations before and after his association with TVU, followed all the instructions of his Designated School Officials (DSO’s), and should not be faulted for relying and acting on the advice of TVU DSO’s.

USCIS accepted our arguments and approved the reinstatement.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

-----------------------
Category: F-1 Visa

Last week we received an approval for a difficult change of status RFE.  We were retained to respond to an RFE for a client who had no ties to his home country (India).  Six years of his H-1 were over and he was trying to get into F-1 status.  He had been working and studying in Europe before coming to USA on H-1.  We presented the facts of our client's background with complete honesty and sincerity.  No games (which is the way all our cases are presented).  I am glad to report that as has always been my belief, truthful presentation works.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

-----------------------