Attorney_22 Posted August 16, 2018 Report Share Posted August 16, 2018 This week, Murthy Law Firm attorneys will answer questions regarding the issuance of the unlawful presence memo for F, J and M nonimmigrants. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual. Link to comment Share on other sites
Mow57 Posted August 17, 2018 Report Share Posted August 17, 2018 Status of a student with expired F Visa but having Work Authorization under OPT Link to comment Share on other sites
Surya7ms Posted August 17, 2018 Report Share Posted August 17, 2018 Until now while doing first masters degree, if the student does a cpt for 3 months(internship), the dso approves the initial post completion opt for 12 months. Now uscis is issuing rfe for h1-b application indicating that only 12 months of practical training is allowed. How can this rfe be dealt (as dso approves the request for post completion opt for 12 months instead of 9 months). Link to comment Share on other sites
pontevecchio Posted August 18, 2018 Report Share Posted August 18, 2018 As regards Mow57's post, a visa is an entry document. The I94 lets you stay. As regards Surya's post, you can tell them the truth and let the chips fall where they may. Link to comment Share on other sites
salini Posted August 20, 2018 Report Share Posted August 20, 2018 According to unlawful presence memo, day 1 CPT considered unlawful? Link to comment Share on other sites
Attorney_22 Posted August 21, 2018 Author Report Share Posted August 21, 2018 On 8/17/2018 at 12:06 AM, Mow57 said: Status of a student with expired F Visa but having Work Authorization under OPT The visa is a travel document not a status document. Your I-94 in conjunction with authorized OPT from your DSO will document your status. If you have more specific questions it is advisable to call our office and speak to an attorney. Link to comment Share on other sites
Attorney_22 Posted August 21, 2018 Author Report Share Posted August 21, 2018 On 8/17/2018 at 9:17 AM, Surya7ms said: Until now while doing first masters degree, if the student does a cpt for 3 months(internship), the dso approves the initial post completion opt for 12 months. Now uscis is issuing rfe for h1-b application indicating that only 12 months of practical training is allowed. How can this rfe be dealt (as dso approves the request for post completion opt for 12 months instead of 9 months). This is an issue we've seen USCIS raise before. I recommend calling our office and speaking with one of our attorneys that deal with student issues. They will be able to give you some guidance. Link to comment Share on other sites
Attorney_22 Posted August 21, 2018 Author Report Share Posted August 21, 2018 On 8/19/2018 at 10:48 PM, salini said: According to unlawful presence memo, day 1 CPT considered unlawful? As with almost all legal questions "it depends". Day 1 CPT is not unlawful if it meets certain restrictions. Call our office to discuss this in more detail. You can also review the following: https://www.murthy.com/2018/06/07/i-am-currently-working-on-a-cpt-but-i-heard-that-the-uscis-released-a-memo-saying-that-students-should-not-work-on-cpt-is-this-true/ Link to comment Share on other sites
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.