F Visa

Changing Back to F-1 Student Status After Filing for Green Card

I was a student on F-1 (MS), and I got my H-1B two years ago. My company has started GC process and already got my I-140 approved. But I want to go back to school this fall (law school), which means I'll have to change my status back to F-1 again.

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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DHS Final Rule for F–1 Nonimmigrant Students With STEM Degrees and CapGap Relief

The Department of Homeland Security (DHS) proposes to amend F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. 

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Fraud Alert for Students

Following is the text for a fraud alert issued by SEVP.  Read caredully and disseminate this information, folks.

To: All SEVIS users

Date: May 6, 2015

Re: SEVIS I-901 Fee Fraud Alert

Number: 1505-03

Comments

To comment on this Broadcast Message, please email SEVP@ice.dhs.gov with “Broadcast Message 1505-03 Comment” entered in the subject line.

Executive Actions on Immigration - USCIS

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

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Immigration Impact of Crimes, Misdemeanor Conviction and Petty Offense Exception

In 2008 while I was working in gas station I was caught selling alcohol to minor. I was in student visa at that time and was getting paid in cash. This was unauthorized work. I was not arrested but went to the court and the final verdict of case came to attempt to sell alcohol to minor which falls into misdemeanor C. Right now I am in H-1B and I have filed my green card through my employment. My Labor and I-140 is approved and waiting for my PD date to be current to apply I-485. So what are my chances to get I-485 approved having that case in my past? I have got mixed answers from the attorneys I have contacted so far. Some said I should be fine and some said if USCIS ask about my work authorization at that time then my petition will be denied due to violating my F-1 status. Please let me know what you think. Will USCIS go further to ask that since you are selling alcohol on F-1, then you must have violated immigration law by being employed without work authorization?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=xp4B1_qhvtM#t=2538

 

FAQ Transcript

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 United States and China to Extend Visas for Short-term Business Travelers, Tourists, and Students

The United States will begin issuing visas in accordance with a new reciprocal arrangement on November 12, 2014. Chinese applicants who qualify for a B-category nonimmigrant visa (NIV) may now be issued multiple-entry visas for up to 10 years for business and tourist travel. Qualified Chinese students and exchange visitors and their dependents who qualify for F, M, or J-category visas are now eligible for multiple-entry visas valid for up to five years or the length of their program. U.S.

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Effect of Tourist Visa Denial on Student Visa

Last year my tourist visa was denied because the officer thought I may not come back. Now I am going for student visa. What effect will the tourist denial have on my student visa application?

When the tourist visa denial is based upon a possible intent to immigrate (also known as INA Section 214(b) denial), it CAN be a problem for student 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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