Comments on: H1B Visa : USCIS Interim Final H1B Rules http://www.happyschoolsblog.com/h1b-visa-2009-rules/ U.S. Universities, Study and Work Visas, Job Search, .. Thu, 28 Aug 2008 14:24:21 +0000 http://wordpress.org/?v=2.6 By: prat http://www.happyschoolsblog.com/h1b-visa-2009-rules/#comment-1210 prat Thu, 15 May 2008 13:48:35 +0000 http://www.happyschoolsblog.com/h1b-visa-2009-rules/#comment-1210 I co-founded the Alternative Energy Research Organization a year ago and we even got our 501 C3 status does the cap allocation of 85000 (2009-2010) still apply to us applying for a H1B visa for a foreign national? I co-founded the Alternative Energy Research Organization a year ago and we even got our 501 C3 status does the cap allocation of 85000 (2009-2010) still apply to us applying for a H1B visa for a foreign national?

]]> By: Vera http://www.happyschoolsblog.com/h1b-visa-2009-rules/#comment-1203 Vera Wed, 14 May 2008 15:41:19 +0000 http://www.happyschoolsblog.com/h1b-visa-2009-rules/#comment-1203 Hi, I found this under the government website regarding the 90 days unemployment during 12- month OPT. Does it already take into effect? Please advise, thank you! Vera http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=a656a17547897c6880084c26f43cbcf2 C. Related Changes to the OPT Requirements 1. Changes to Post-Completion OPT Currently, students must apply for post-completion OPT prior to completing their course requirements. 8 CFR 214.2(f)(10)(ii)(A). This is inconsistent with other regulatory provisions allowing students to transfer, apply for a new degree program, or change to another nonimmigrant status during their 60-day post-completion departure preparation period. Problems also arise if students fail to complete their program after receiving authorization for post-completion OPT. Therefo re, this rule allows students to apply for post-completion OPT during the 60-day departure preparation period. 2. Periods of Unemployment During OPT DHS regulations currently define the period of an F-1 student's status as the time the student is pursuing a full course of study at an SEVP-certified school or engaging in authorized post-completion OPT. 8 CFR 214.2(f)(5). They do not specify how much time the student may be unemployed, making it difficult to determine when an unemployed student on post-completion OPT violates the requirements for remaining in F-1 status. As status during OPT is based on the premise that the F-1 student is working, the re must be a limit on unemployment, just as the F-1 student's period in school is based on the premise that he is actually pursuing a full-time course of study, and there are limits on how often the student can reduce his course load. An F-1 student who drops out of school or does not pursue a full-time course of study loses status; an F-1 student with OPT who is unemployed for a significant period should similarly put his status in jeopardy. Therefore, this rule specifies an aggregate maximum allowed perio d of unemployment of 90 days for students on 12-month OPT. This maximum period increases by 30 days for F-1 students who have an approved 17-month OPT period. In addition to clarifying the student's status, this measure allows time for job searches or a break when switching employers. Hi,

I found this under the government website regarding the 90 days unemployment during 12- month OPT. Does it already take into effect?

Please advise, thank you!

Vera

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=a656a17547897c6880084c26f43cbcf2

C. Related Changes to the OPT Requirements

1. Changes to Post-Completion OPT Currently, students must apply for post-completion OPT prior to completing their course requirements. 8 CFR 214.2(f)(10)(ii)(A). This is inconsistent with other regulatory provisions allowing students to transfer, apply for a new degree program, or change to another nonimmigrant status during their 60-day post-completion departure preparation period. Problems also arise if students fail to complete their program after receiving authorization for post-completion OPT. Therefo re, this rule allows students to apply for post-completion OPT during the 60-day departure preparation period.

2. Periods of Unemployment During OPT

DHS regulations currently define the period of an F-1 student’s status as the time the student is pursuing a full course of study at an SEVP-certified school or engaging in authorized post-completion OPT. 8 CFR 214.2(f)(5). They do not specify how much time the student may be unemployed, making it difficult to determine when an unemployed student on post-completion OPT violates the requirements for remaining in F-1 status. As status during OPT is based on the premise that the F-1 student is working, the re must be a limit on unemployment, just as the F-1 student’s period in school is based on the premise that he is actually pursuing a full-time course of study, and there are limits on how often the student can reduce his course load. An F-1 student who drops out of school or does not pursue a full-time course of study loses status; an F-1 student with OPT who is unemployed for a significant period should similarly put his status in jeopardy. Therefore, this rule specifies an aggregate maximum allowed perio d of unemployment of 90 days for students on 12-month OPT. This maximum period increases by 30 days for F-1 students who have an approved 17-month OPT period. In addition to clarifying the student’s status, this measure allows time for job searches or a break when switching employers.

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