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Our office has been seeing cases and reports that USCIS is changing their approach and starts to question the validity of F-1 CPT work authorization especially in cases where the F-1 foreign student has used more than 12 months of combined CPT and OPT at the same degree level. Most often this issue is raised during an H-1B petition which includes change of status from F-1 to H-1B.
The Regulations and the Prior Practice
The relevant regulations are in 8 C.F.R. § 214.2(f)(10):
…A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training […]
The U.S. State Department has just released the March 2018 Visa Bulletin which is the sixth Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the continued very slow forward movement in EB-2/3 India. EB-3 China advances but appears to slow down compared to recent months.
With the approaching H-1B cap filing season, one of the most common concerns we are hearing from both prospective H-1B employers and candidates is about the H-1B cap lottery and the fact that the random lottery does not provide a great chance of an H-1B application being selected for review.
Our office has handled thousands of H-1B applications and we have seen firsthand how cruel the H-1B cap lottery can be to both employers and to workers. Unfortunately, we have seen many highly-qualified and talented workers, many of them recent graduates of top universities, see their H-1B application rejected under the […]
As the H-1B cap filing season is well underway and as the filing day of April 1st is approaching fast, a common question by H-1B employers or H-1B candidates is whether an H-1B cap petition can (or should) be filed when the foreign national employee is still completing their degree program and when the degree will not be completed by April 1st. The short answer is that while the H-1B regulations require a degree be completed in order to be used for H-1B filing, there are ways to use previous or partially-completed degree to qualify for the H-1B cap. This […]