Immigration.com

STEM

Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

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

10 years ago By Chief Editor

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. 

17-Month STEM CAP GAP OPT Extension Voided by Court

11 years ago By Editor

A Washington DC Federal court has held that DHS improperly promulgated the 2008 regulations creating the 17-month OPT CAP GAP extension for STEM graduates (strictly speaking, this is not reallly "CAP GAP" issue).  According to the court, DHS should have placed the proposed regulation before the public, allowed everyone to comment, considered the comments and then published the final regulation.  Thus, DHS violated the procedural mandate requiring "notice and comment."  According to the court, there was no good reason to skip the "notice and comment" mandate.

17-Month STEM CAP GAP OPT Extension Voided by Court

11 years ago By Rajiv S. Khanna

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.  I am moving the new discussion to this link: http://www.immigration.com/blogs/new-rules-17-month-stem-extension-ongoing-updates-until-completed

STEM OPT Cap-Gap and H-1B Withdrawal

1 hour ago By Chief Editor
Question details

What happens if an employer makes an error in the wage level on an approved H-1B petition and needs to withdraw it?

FAQ Transcript

If an employer withdraws an H-1B petition filed as a Change of Status (COS), any cap-gap protection for STEM OPT ends on October 1st. To avoid an immediate loss of legal status, an employee can request that the employer delay withdrawal slightly and process at least one paycheck after October 1st. This officially admits the employee into H-1B status, providing a 60-day grace period to find a new employer rather than falling out of status immediately.

Switching from STEM OPT to B-1

2 months ago By Chief Editor
Question details

Can I switch from STEM OPT to a B-1 visa to stop my unemployment clock?

FAQ Transcript

This is discouraged as it permanently terminates STEM OPT status. The government may question your intent. Consider alternative compensation or cap-exempt H-1B roles instead.

Working for Two Employers during H-1B "Cap-Gap"

2 months ago By Chief Editor
Question details

Can an individual working for two employers on STEM OPT continue working for both during the "cap-gap" period once an H-1B petition is filed?

FAQ Transcript

Cap-Gap acts as an extension of the current underlying status. If the F-1 STEM OPT status allowed for dual employment, that authorization continues under Cap-Gap until the H-1B takes effect.

Unemployment Days and Gaps During OPT/STEM OPT

4 months ago By Chief Editor
Question details

 Is it problematic to have a one-month gap between my graduation and the start date of my employment on OPT, and how are unemployment days calculated if I transition to STEM OPT?

A one-month gap is perfectly acceptable as long as you do not exceed the total allowable unemployment days. For the initial 12-month OPT, you are allowed 90 days of unemployment. If you transition to the 24-month STEM OPT extension, you receive an additional 60 days, for a total of 150 days over the entire period. Any unused days from the initial OPT period carry over into the STEM extension period.

What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff

1 year ago By Chief Editor
Question details

I am currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:

Filing a Change of Status to B1/B2 (Visitor Visa). Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)

I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.

My question is:

If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?

Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status? Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.

 

FAQ Transcript

Seeking a job while on F-2 or B-1/B-2 status after an H-1B layoff carries no inherent risk, as the prohibition is on doing the job, not looking for one. While some individuals have faced challenges from USCIS when converting back to H-1B, the speaker views such objections as unfounded. Even in a worst-case scenario, an H-1B approval might necessitate a brief departure and re-entry to the U.S.

 

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