F-1 Visa
USCIS Publishes FAQ on F-1 OPT And H-1B Cap-Gap Regulations
Introduction
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.
Questions & Answers
Q1. What is “Cap-Gap”?
Two-year home residency requirement
Can I obtain an F-1 if I have a two-year home residency requirement on my earlier J-?
Yes. F visa is NOT forbidden. But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.
Guestbook Entry for Tanvir, United States
Thank you for the help that you offered through the 'Resume Review' service. I truly apreciate your time and the directions that you gave me.
F-1 Curricular Practical Training (CPT)
As part of our Curricular Practical Training (CPT), I completed my summer internship with a company on 2nd of the September. So the formal procedure for extending the work is to apply again for the new CPT but somehow my second CPT delayed and got approved on 28th of September. Between 3rd and 28th for around three weeks, company asked me to work and I did. At the time I was not aware of the consequences but now I am in a great trouble. What do I do?
You have two choices that I can see: apply for reinstatement or go outside USA and reapply for a visa.
Out of F-1 visa status
I just found out a couple of days back by my international advisor that I was out of status for two years now for taking classes in a community and transferring credits and it made me a part time student..He suggested I left the country after the semester and come back with the new I-20 and letter of recommendation he gives me. And I also I have been married to a US citizen for 2 months. Is it safe to go out of the country?
You can just apply for your green card. Do not travel outside USA until you get your green card (or travel only as advised by your lawyers).
Guestbook Entry for Rachna, United States
Dear Mr. Khanna and the immigration.com staff, I really express my sincere thanks for the sound and correct advise, help and support I have received from your esteemed offices. Thanks also for the kindness and benevolence, you showed on me by understanding my financial problems and doing my case pro bono. May God bless you all.
RN F-1 visa
I have just received my BSN and I'm currently awaiting certification from California. Will actively look for job once certification is approved. Have F-1 visa and just received OPT for a year. Can I qualify for "green card for nurses" after OPT period is over if already in country and having matriculated in the US? Any other recourse for permanency?
You will have several years of wait in the green card process.
Guestbook Entry for M Jolly, Kuwait
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Attention: University of Northern Virginia Students
- On July 28, 2011, pursuant to a review of University of Northern Virginia’s (UNVA) certification, an SEVP representative served school officials at UNVA with a Notice of Intent to Withdraw (NOIW) the school’s SEVP-certification and SEVIS access.
Please see http://www.ice.gov/sevis/UNVA/ for details.
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