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COURT DECISION RELATED TO F1 AND H1 VISA IS GOING TO BE RELEASED

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COURT DECISION RELATED TO F1 AND H1 VISA IS GOING TO BE RELEASED

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COURT DECISION RELATED TO F1 AND H1 VISA IS GOING TO BE RELEASED

COURT DECISION RELATED TO F1 AND H1 VISA IS GOING TO BE RELEASED

  • 17 Months OPT STEM Revoked by Federal Court-DECISION PENDING

 

STEM OPT Extension Events Timeline

  1. Aug 12, 2015 – Federal Court Vacates STEM OPT Extension Rule
  2. Sep 11, 2015 – White House Petition Reaches 100,000 Signatures
  3. Oct 2, 2015 – Rule Making Process ( see below the timeline)
  4. Dec 15, 2015 – Validity of current 17 Months STEM OPT extension  under Review
  5. Dec 22, 2015 – DHS asks the federal county for deadline extension till May 10, 2016
  6. Dec 24, 2015 – Court gave a deadline of Jan 11, 2016 for Wash Teach to respond to Motion to Extend the Deadline.
  7. Jan 11, 2016 – Wash Tech filed motion asking court to not grant the extension requested by DHS.

STEM OPT Rule Making Timeline

  1. (Completed)
  2. ( Completed )
  3. ( Completed )
  4. (Completed)
  5. DHS reviews the comments to prepare the Final Rule ( In Progress )
  6. DHS submits the Final rule to OMB for Approval
  7. OMB Approves Final Rule
  8. DHS Published the comments to Federal Register
  9. Date when Rule goes into Effect

STEM OPT Extension Updates

At this time we don’t have an official confirmation from DHS on the validity of STEM OPT Extension beyond Feb 13, 2016. 

Here’s the timeline of events till date and progress made by DHS to implement the STEM OPT Extension Rule. There’s so many nervous folks who are expecting this rule to be implemented.

Jan 12, 2015

  • Wash Tech Files motion requestion court to not respond
  • It claims Dec 14, 2016 was deadline for DHS to have published the rule.

Some excerpt from the document that you  MUST Read:

“The Court gave DHS a six month delay to mitigate the effect of the vacatur order and DHS still has not bothered to notify those affected that aliens will not be able to work on OPT extensions after February 12, 2016 or told them what their options will be.”  (Page 14)

When DHS requested the Court stay vacatur, it clearly stated that aliens would not be able to work on OPT extensions after a vacatur and that, without such a stay, such aliens would have to “scramble to depart the United States

Limits of Unemployment

Students on post-completion OPT may not accumulate more than 90 days of unemployment.Students who receive a 17-month extension are given an additional 30 days of unemployment for a total of 120 days over their entire 29-month OPT period. Students are considered to be employed if working on OPT or OPT Extension with a valid EAD card in a field directly related to their major as listed on the I-20 for at least 20 hours/week. Unpaid work (minimum of 20 hours per week) while on post-completion OPT/OPT Extension is acceptable as employment if it is related to the student’s field of study. Students on OPT STEM Extension must NOT work for any employer that is not an E-Verify employer.

How do students show that employment is directly related to their degree programs?
SEVP recommends that students maintain evidence —for each job; of the position held, proof of the duration of that position, the job title, contact information for the student’s supervisor or manager and a description of the work. If it is not clear from the job description that the work is related to the student’s degree, SEVP highly recommends that the student obtain a signed letter from the student’s supervisor or manager or the employers hiring official stating how the student’s degree is related to the work performed. These documents do not need to be submitted to ISSS. They should be kept by the student.

Your Responsibilities for Maintaining Your F-1 OPT Status:

1.     Keep a valid Employment Authorization Document (EAD)

2.     Report OPT Information to ISSS

3.     Travel While on OPT/OPT Extension

4.     Departure/Grace Period

5.     Begin A New Academic Program at UCSC, Or Another U.S. School

6.     Changed Your Status

 

 

 

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