catx

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  1. There is confusion on someone's part ... "F1 Change of Status" is to change from a current visa (e.g. H-4 visa) to a F-1 visa while remaining the in U.S. through the filing of an I-539 Application To Extend/Change Nonimmigrant Status form. "F1 Visa" in the context of the post is to get a F-1 visa by leaving the U.S. and applying directly through a U.S. consulate. Regardless of the process (change of status or direct) your wife will end up with the same thing -- a F-1 (student) visa. (There is no such thing as loosing a F-1 visa if your wife travels abroad and re-enters the U.S. on a valid F-1 visa.) Your wife can also join a university / college and study on a H-4 visa. She can change to a F-1 visa just prior to, or at anytime after, starting school. She will need to be on a F-1 visa before graduation (with the timing based on the university's rules) to be able to apply for post completion OPT employment authorization.
  2. In t75's defense, all too many for-profit 'universities' / 'colleges' (even those with some form of accreditation) are simply a place to buy a degree (diploma mill) and/or buy a visa (visa mill). For-profit 'universities' / 'colleges' that offer quick acceptance, remote attendance, non-thesis / non-research graduate degrees, and other easy / quick routes to a so-called degree (not to mention promoting CPT employment authorization) are red flags. With the 1000s of reputable public and non-profit private universities / colleges in the U.S. there is no need to limit your future and take the risk of going to a for-profit 'school'.
  3. jairichi is correct in pointing out that your employer and/or their attorney made an error in filing a H-1B petition for you under the Masters quota, and should have known better. The USCIS has always retained the right to re-examine previously decided cases, including all types of visas. I recently read a reliable immigration attorney's account of the USCIS re-opening a previously approved EB-1 case and rescinding the previous approval. This maybe a more extreme example, but it illustrates that the USCIS can and does review its own decisions and if they find an error or mistake, can and will correct it. It is also worth noting that this cuts both ways, otherwise there would be no motion to reconsider (MTR).
  4. There at least a couple steps your wife will need to go through. First and foremost she will need to take and pass the U.S. nursing licensure exam. Then she will need to find an employer that will petition for her own H-1B visa. There are immigration attorneys and law firms that specialize in foreign nurses. You should research the topic on the Internet and contact a qualified immigration attorney experienced (specializing) in nursing.
  5. See Belle's post above. You can only continue to work past the expiration of your current H-1B visa if (a) a H-1B extension visa petition has been filed and approved, (b) a H-1B extension visa petition has been filed and is in process with the USCIS (in which case there is a 240 day period of authorized employment and stay), or © an I-485 adjustment of status application has been filed and based on that (concurrently) an I-765 employment authorization application has been filed and approved (you have received the EAD). A pending I-485 adjustment of status application by itself does not provide employment authorization. A couple caveats with respect to © are that it takes at least a couple weeks to prepare all the necessary I-485 adjustment of status documentation including the required medical examination, and an I-765 employment authorization application typically takes 60-90 days for approval. The prudent course of action is to have your employer file a H-1B extension visa petition.
  6. The first question is why it has taken a year between completing your course work and applying for graduation, was it to complete your thesis? If so, what was your immigration status during that year? If it was a student on a F-1 visa, then you needed to be enrolled full time at the university (with the thesis being some of the credit hours). If you are graduating in December, why are you applying for an OPT STEM extension? When were you on your initial 12 month OPT? These are questions the USCIS may well also be thinking about. With regards to your question about the letter or needing the actual diploma, the letter and your transcripts need to clearly state that your have successfully completed all the degree requirements, i.e. you are eligible to graduate (but that is what applies to the initial 12 month OPT versus an OPT STEM extension).
  7. This may not be your case. However for stake of discussion, if an employer is found to have committed immigration fraud, then a PERM labor certification application they filed for an employee can be deemed fraudulent and revoked, and therefore a (previously approved) I-140 petition based on the now revoked PERM labor certification application can also be revoked, and this can extend to the I-485 adjustment of status, and even permanent residency (green card). The employer is the sponsor of the employment based immigration and while it is their fraud, unfortunately an "honest employee" is also a victim of this fraud. A WH4 is the Department of Labor form for an employee on a H-1B visa to file a complaint against an employer for "committing a violation of provisions of the H-1B program".