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31 Aug 2023

I am in H-4 status and am enrolled in university as a full-time student. To be eligible for OPT after I graduate, do I need to be enrolled full time in F-1 status for a full year?

Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement does...

09:27 / F-1 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Student
08 Jun 2023

I applied for OPT and received a notice indicating that the I-765 application had been approved. However, I still have not received my EAD. Can I start working now?

Answer Generally speaking, one must have the approved EAD prior to commencing OPT employment.  (08.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2023, MURTHY LAW FIRM. All Rights...

07:46 / F-1 / FAQs / For Employers / For Individuals / Student
01 Jun 2023

I am on F-1 and my husband is on H1B. I am applying for a change of status to H-4. Do I have to continue my F-1 studies until the change of status is approved?

Answer Typically, there is no requirement for the F-1 student to remain in school once an application to change status to H-4 is properly filed.  (01.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

16:59 / F-1 / FAQs / For Families / For Individuals / Student
18 Jan 2023

USCIS Provides Updates on Expansion of Premium Processing

The U.S. Citizenship and Immigration Services (USCIS) has announced that the premium processing service soon will be made available for all new and pending I-140 petitions filed under the EB1(c) multinational executive and manager category and EB2 national interest waiver (NIW) I-140 petitions. The USCIS...

11:54 / EB1 Category / EB2 National Interest Waiver / Employment Based / F-1 / Immigrant Petition (I-140) / J-1 / NewsBrief / Resident / Student / USCIS News
08 Sep 2022

After completing my master’s degree, I applied for OPT. After working in OPT for a few days, I decided to go back and get a second master’s degree in a different field. Now that I am graduating, can I re-apply for OPT?

Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022)Sheela Murthy and other...

16:15 / F-1 / FAQs / For Individuals / Student
17 Feb 2021

Students: Types of Employment Authorization

If you are an F-1 student, you are probably aware that there are restrictions on working. When you initially obtained your SEVIS I-20 form and F-1 visa, you had to show that you could afford to go to school without working, since F-1 students generally...

08:37 / F-1 / InfoArticle