Happy Schools Blog » OPT

How to Renew Drivers License During OPT cap-gap?

HSB — Thu, 30 Jul 2009 13:19:23 +0000

Some states will issue Drivers License only till your I-20 expiry date. Such students drivers license will expire on I-20 expiry date. In order to get drivers license renewed during OPT cap-gap , US Immigration and Customs have released a fact sheet on how to get drivers license renewed. Following is excerpt from the original document

Renew Drivers License During OPT cap gap

A student on the cap-gap extension should present an updated Form I-20 that shows the extension of stay. If eligible for the cap-gap extension, a student’s SEVIS record should be updated with the extension (either through an interface with a U.S. Citizenship and Immigration Services (USCIS)
database or by a DSO) when a cap-subject H-1B petition is filed on the nonimmigrant student’s behalf. Once SEVIS is updated, the DSO can print the updated Form I-20 and provide it to the nonimmigrant. If the nonimmigrant has received an extension of F-1 status and OPT, the updated
Form I-20 should contain the following language on page 3:

“F-1 status and employment authorization for this student have been automatically extended to [extension end date]. The student is authorized to remain in the United States and continue employment with an expired employment authorization document. This is pursuant to 8 CFR 214.2(f)(5)(iv) and 8 CFR 274a.12(b)(6)(iv), as updated April 8, 2008, in a rule published in the Federal Register (73 FR 18944). Additional information about the automatic extension can be found on the Student and Exchange Visitor Program Web site at www.ice.gov/sevis.”

The DMV will use the information on page 3 to validate the student’s duration of status through the end of the cap-gap extension. When the student receives the approval notice for the H1-B petition, he or she should return to the DMV to present the Form I-797, Notice of Approval, and request that the DMV extend the
driver’s license expiration date for a period of one year. The student must return to the DMV every year to extend his or her license for the period of stay in the United States, unless otherwise stated by the DMV office. For additional information on the cap-gap extension, please see SEVP’s guidance titled, SEVP
Policy Guidance for DSOs on the OPT Extension.

Source – Applying for Drivers License Fact Sheet

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How to Renew Drivers License During OPT cap-gap?

H1 Visa Approved, OPT Expiring & Out of Status 5+ Months

HSB — Fri, 12 Jun 2009 03:25:50 +0000

You got to read Sherry’s situation. She’s in very desperate state and need help from Immigration Attorney to sort out he current status. Her H1B is approved, OPT is expiring, but her school says she’s been out of status over 5 months.Sherry @ H1B Approval Notice Sent

hello all
mine is the worst situation that any international students can face .so read this carefully ..really
i finished my masters in 2007 in ohio,usa. filed for my H1 IN APRIL 2008 ,,,DIDNT EVEN GET A RECEIPT NUMBER,,,filed for my H1 again in 2009..got approved,,but uscis told me that i need to go to nepal for stamping ,,so far im really oke ,,happy..now my consultancy tells me that because i have a gap from august(my I-20 expires) till october(my H1 starts).that’s the reason the uscis asked me to leave the country..after staying up all night i found out that students are given 2 months grace period to switch between status.
till now the consultancy hasn’t told me anything..call them n tell them all that i found out..they called back after 2 days saying that JUST JUST..get ur I20 extended till oct n ull be fine …now now i call the college n BELIEVE IT OR NOT ….they tell me that ive been out of status for 6 months already whereas ive been paying fees ,,taking classes…doing everything that i should do to keep my status…never got a letter, met the advisor after every semester …did it all…finally was told to file for reinstatement of student…found out that if out of status for more than 5 months ..then 80%chances of unapproval…
someone help me..give me emails ,,contact numbers,,lawyers, suggestion, feedbacks etc..im on the verge of breaking

USCIS – “Get Stamping from Nepal”

If you are in US and if you go H1B Approval with I-94 attached, then your status from F1 (OPT) will automatically change to H1B from H-1B start date. Haven’t come across situation where USCIS is asking someone directly an H1B Applicant to Nepal for Stamping. USCIS in general suggests to get stamping from your home country.

OPT to H1B Cap Gap

If your H1B is applied in timely manner, you can stay in legal status even after OPT is expired. USCIS published the new OPT to H1B Cap Gap Rule just to address this issue. Since, you already have H1B approved, you can continue to work and be in status till Oct 1.

Out of Status for 5+ months

Well, you have to find out form the school how you went out of status, while you were paying the fees and I-20 is still not expired.

Note – All above suggestion is not professional advise. You can talk to Immigration Attorney – Elaine Martin. She’s been helping many readers here in HSB with H1B related questions. You will have to spend some money for consultation, but looks like you have been misinformed about lot of Immigration related information. So, don’t worry about spending money, else situation might get even more complicated.

Post from: Happy Schools Blog

H1 Visa Approved, OPT Expiring & Out of Status 5+ Months

OPT GAP after MBA Graduation

HSB — Wed, 18 Mar 2009 15:04:00 +0000

Question

Hi,
Thank you for your useful information about OPT and H1B.
i have a question: i am graduating in May 9th, 2009 for my MBA degree; and i am thinking to have a delay OPT start date on July 9th,2009. However, even if i can find an employer who is willing to apply H1B for me in next April; i will still be out of status between July 9th 2010 and October 1st 2010, right? what should i do between those three months? will i be illegal staying in the U.S?
Your reply will be greatly appreciated.

USCIS introduced a new rule last year to eliminate the OPT Cap Gap issues. So, after you file H1B and till you hear from USCIS you can continue to work and stay legally. You will be considered to be in status. If in case you get H1B denial notice, you will be out of status. Read the articles under OPT category for more details on OPT Cap Gap.

Post from: Happy Schools Blog

OPT GAP after MBA Graduation

Useful Links for OPT (Optional Practical Training)

HSB — Sat, 25 Oct 2008 02:01:21 +0000

Students graduating with Masters degree have lots of confusion on when to graduate and how the 17 months OPT rules will impact if H1B Visa is not selected in the lottery. I spend some time today looking at various immigration attorneys websites and USCIS portal.

I found some useful link and OPT FAQ’s. Hopefully that will answer some of students questions about 17 months OPT extension. If the employer is not enrolled in e-verify program, then student cannot file 17 months extension.

E-Verify Program

Not all companies are willing to enroll in the e-verify program. Its mandatory in some 7 states where companies have to be enrolled in e-verify program. Also, I did read, the possibility of e-verify program can be removed in March 2009. Since the immigration rules are very complex and its very important if in doubt, consult a immigration lawyer.

OPT FAQ Links

17 Month Rule to Reduce H1B Shortage – Article says students can apply more than once if H1B Visa is not selected in lottery in first time.
OPT Rules – FQS’s- You can find some very useful information about OPT Rules.
USCIS OPT FAQ – 1
USCIS OPT Faq – 2
List of Programs in STEM eligible for 17 months Extension

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Useful Links for OPT (Optional Practical Training)

29 Months OPT – Judge Says “Yes”

HSB — Wed, 20 Aug 2008 02:04:34 +0000

Few weeks back there was law suit to cancel 29 Months OPT Rule. There were many questions from students, and it was obvious many will be worried, if 17 months OPT extension was canceled. But, here’s judge’s verdict

A U.S. district court judge in New Jersey this week rejected an attempt by H-1B visa opponents to halt the Bush administration’s extension of student visas from one year to 29 months — a move it claimed would give students a better shot at getting an H-1B visa….read more

OPT Rules FAQ’s

After new rule was proposed, there’s stil confusion about 3 months unemployment OPT period. I did some research and was able to get the exact details. I will write in detail about 90 days unemployement during initial post completion OPT and total of 120 days of unemployement including 12 months + 17 months extension.

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29 Months OPT – Judge Says “Yes”

29 Months OPT – Rules and FAQ’s

HSB — Thu, 31 Jul 2008 12:50:34 +0000

I was talking to a friends of mine and he gave me an different insight into new 17 months STEM OPT extension rule. So, I tried to find more details and I came across following links that gave more information about 17 Months OPT Extension, Pre-Completion OPT, Post-Completion OPT and requirements for E-Verify program and I’m still not clear about unemployment period in OPT.

My understanding

It was my understanding that students cannot be unemployed for more than 3 months in Post-Completion OPT Extension. i.e. any days of unemployment during 12 month OPT will not count, but from reading the articles and rules I think students cannot be unemployed for total maximum duration of 120 days, in total of 29 months.

That includes 3 months for 12 Month Post Completion OPT and total of 120 days for 29 months OPT. Students reading this article can you comment about your understanding of the unemployment period in OPT?

Post from: Happy Schools Blog

29 Months OPT – Rules and FAQ’s

Federal Law Suit – 29 Months OPT will be cancelled?

HSB — Fri, 18 Jul 2008 01:51:45 +0000

USCIS had approved students to extend the OPT period to 29 months, that will allow students with STEM degree to work for additional 17 months if H1B visa is not approved. That was welcome news, but there is always going to be resistance from group opposing H1B Visa policy in general. If the lawsuit is won, then 29 Months OPT rule will be void. So, we have to wait and watch. Law suit was filed on May 29, 2008.

29 Months OPT Extension Rule – Challenged in Court

Computer World reports – Immigration Reform Law Institute and joined by The Programmers Guild and other groups, charges that the administration’s decision in April to extend the work period for students under the Optional Practical Training provision…….

Any Comments?

I can see the feelings of students who didn’t get through H1B lottery this year. I like to know about your views and thoughts ( write your comments below this article)

Post from: Happy Schools Blog

Federal Law Suit – 29 Months OPT will be cancelled?

OPT Expires in October – What Next?

HSB — Thu, 12 Jun 2008 03:19:34 +0000

I’m responding to a comment/question from Neha D about OPT Expiration date and possible options available if OPT Expires.

Question:
Can you please help answer my question? My sister just got a Masters degree and her OPT finishes on October 31, 2008 but she hasn’t found a company to sponsor her H1-B visa. I believe that the quota finished in April 2008. What are her options now? Can a company still file for her H1-B visa under Masters degree? Also, can a company apply for her H1-B visa for 2009? And based on that can her OPT be extended till then?

Can a company still file her H1B Visa under Master’s Degree Quota?
She has to apply for H1B in 2009. For total of 20,000 Advanced Degree H1B Quota, about 31,000 H1B applications were submitted during first week of April 2008.

Can a company apply for her H1-B visa for 2009?
Yes, company can apply for H1B Visa next year, but she has to maintain legal Visa status in U.S. till then.

Can her OPT be extended till then?
It’s my understanding that with new 17 months OPT regulation that was passed, she can apply for extension, but I think, if she applies for the extension, she cannot be stay unemployed for more than 120 days ( verify with other Immigration Websites, used to be 90 days) and company must be enrolled in E-verify program where she will be employed during 17 months OPT extension period. Sounds, but complicated, but this better option then running out of OPT.

What other options are available if OPT is expiring on October 31 2008?
Here are few ways, I can think of few ways for her to stay in U.S. and at the same time, she can maintain legal status

1) Find a job within October/31/2008. She has 3 full months and 20 days to find a job. I have written an detailed job search guide for students. She needs to start networking and find creative ways when searching for jobs. I know it sounds easy to write.

2) If she can’t find a job by then, she can join a consulting firm which is registered with E-Verify. I’m not sure if Indian Consulting firms will be enrolled in E-verify program. But, she can give it a try to get OPT extension. There are lots of pitfalls with this approach. You will have to carefully negotiate with Indian Consulting firm about job options.

3) Final option I can think about is to enroll in another Master’s or MBA program in the same school and apply for H1B next year through a consulting firm. If she can find a job by then, it will be much better option.

4) If someone reading this article can think of other possible options, I would appreciate if you write a comment and it would help so many other students who are in similar situation.

Consult with an Immigration Attorney if need more clarifications. Ideas expressed above are my personal opinion.

Post from: Happy Schools Blog

OPT Expires in October – What Next?

F1 OPT Extension – Summary and Analysis

HSB — Tue, 10 Jun 2008 03:39:54 +0000

I spoke to few students about Optional Practical Training ( OPT ) after new rule to extend OPT to 17 months more months regulation was approved. But, there were some much confusion among students about the new rules. You can find answers to following questions

Automatic H1B Cap-Gap Extension under Certain Conditions
Basic OPT Rules Remained Unchanged
Pre-Completion OPT
Post-Completion OPT
Extension of Post-Completion OPT by 17 Months for STEM Students
Maintaining F-1 Status While on OPT
New Filing Deadlines and Timing
Unanswered Questions
F-1 Consular Notification versus Change in Status
Additional Information for Eligibility as a STEM Degree
F-1 Students 2007 Graduates Filing for H1B Change of Status
Automatic Extension Possible Even if H1B Petition Denied
Pre-Completion Use of OPT

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F1 OPT Extension – Summary and Analysis

90 Days of Unemployment = Out of Status (17 Months OPT)

HSB — Fri, 25 Apr 2008 20:43:06 +0000

New rules emerge about 17 Months Post Completion OPT Extension. First came 17 Months OPT Extension proposal, then came the approval for 17 months Extension for Post completion OPT. Since it was new rule, there was confusion among students about applying for 17 or 29 months Optional Practical training.

But, it was made clear about new students applying for OPT can apply for only 17 months and students currently in OPT can apply for 17 months extension.

Good and Bad:

Good part of 17 months Optional Practical Training is for students who did not get H1B Visa through the lottery system, can get to stay little longer in U.S. which gives them advantage to apply for H1B visa in next year or hopefully the Bill to increase H1B Visa to 130,000 will be passed, after Bill Gates presented to the congress about the importance of the H1B Visa to U.S. Economy. So, that was the good side of 17 months OPT extension.

But, the bad part and probably many students will not be aware of the fact, if students apply for 17 months Post completion Optional Practical training extension, they should be working for some employer. 17 Months OPT extension rule dosen’t allow students to stay unemployed more than 120 days.

If you have applied for 17 OPT, new rule dosen’t allow students to remain unemployed for more than 90 days. I got the information from couple of sources, 17 months OPT Extension from USC and NAFSA )

I will write more details once I get more accurate information about Unemployment period under new OPT rule.

Post from: Happy Schools Blog

90 Days of Unemployment = Out of Status (17 Months OPT)