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02 Oct 2015

I have been working on optional practical training (OPT) in F-1 status. I still have six months of my OPT authorization left. I would like to go back to school part time to take classes toward another degree. Will I be able to continue working on OPT?

Answer There is very little clearly stated guidance on taking classes while engaging in OPT. Based on the guidance issued by the Legacy INS in the early 1990s, F-1 students authorized for OPT should be permitted to take classes on a part-time basis, which are either...

08:39 / FAQs / Student
28 Sep 2015

I am considering filing my I-485 even though I am not eligible based on the revised visa bulletin. What’s the worst that could happen? If it gets rejected, would I be able to file in the future using the same I-140?

Answer If the case is filed prematurely and rejected, this would not prevent the I-140 from being used again for a later I-485 filing. The worst that could happen, other than wasting money and effort, is either (a) the case is wrongly accepted and denied later...

15:51 / Employment Based / Family Based / FAQs / Resident
18 Sep 2015

I am currently in H1B status. I plan on applying for change of status to F-1 and start attending school full time. Can I continue going to school after my current I-94 expires, if my application for change of status is still pending?

Answer Yes, you can continue attending school in this scenario even if your I-539 application for change of status from H1B to F-1 is still pending after the expiration of your H1B I-94. In that case, you will be in the period of authorized stay pursuant...

14:48 / FAQs / Student