Extension

When used in relation to immigration, this is another name for extending your status.

What happens if you overstay your I-94

Question details

Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
 

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FAQ Transcript

The government will say as one has overstayed their I-94, they will now be subject to section  222(g). If you overstay your I-94 the visa stamp on  your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.

 

OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4

Question details

My spouse is a dentist from India and converted to F-1 from H-4 on Sep 29, 2022. She pursued a few courses for MBA (non-stem) between March 2022 and Jun 2022. Now she is completing the remaining courses of her MBA on F-1 for the next 12 months.

My queries are-

1. Does she need to be on F-1 status for a min 365 days to be eligible for OPT?

2. If we ever need to change to H-4 status again (stamped till Aug 2024), can she travel to India and come back without F-1 stamping? or a COS application from F-1 to H-4 ( that may take 6 months) could be a better option for EAD application.

 

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FAQ Transcript

1. The 365 days requirement is not required.  What you need is one academic year or two if there is a need to change to H-4. 

2. If she has an H-4 stamping already there is no need to go to India. All she has to do is drive to Canada or Mexico and return showing her H-4 visa stamping.

Note: To be eligible to apply for OPT, you must:

  1. Have been in full-time student status for at least one academic year by the requested OPT start date,
  2. Be maintaining F-1 status at the time of applying for OPT, and 
  3. Have not used OPT at the same degree level previously.

 

STEM extension expiring, options to stay in USA, Is Day 1 CPT safe and legal?

Question details

I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
 

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FAQ Transcript

It is legal and so far it has been safe. You know that the rule for Day 1 CPT requires that when you join, you are associating with a graduate program otherwise you cannot get a Day 1 CPT. The Curricular Practical Training is an integral part of your degree. You cannot finish the degree without the practical training. The other thing is the employer signs the cooperative agreement with the university. The only additional suggestion I have is if you are going to do Curricular Practical Training make it as an adjunct to your profession.

For more information please check my blog.
https://immigration.com/blogs/curricular-practical-training-cpt
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv

Immigration Law

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