Posted by: bibas100 September 20, 2007
H1-B & OPT : Things I Know
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Ok folks, here is the official statement from USCIS Curricular practical training . This rule requires that schools using SEVIS update SEVIS any time that DSO authorizes a student’s request for curricular practical training (CPT), that is, a work/study program, internship or practicum that is an integral part of an established curriculum. The DSO must verify that the student meets the eligibility requirements and must also update SEVIS to show whether the work is full- or part-time, the start and end date of the employment, and the name and location of the employer. The DSO will then pri nt SEVIS Form I-20 that indicates that curricular practical training authorization has been granted, and sign, date and return the SEVIS Form I-20 to the student prior to the student’s commencement of employment. A student is not eligible to begin work until the DSO has updated SEVIS to show that curricular practical training is authorized and has printed the SEVIS Form I-20 for the student to provide to the employer. Schools using SEVIS will no longer need to send Form I-538 to STSC when authorizing an F-1 for curricular practical training. Optional practical training . This rule proposes to require a SEVIS update for an F-1 student who requests optional practical training, that is, temporary employment for practical training directly related to the student’s major area of study. Unlike curricular practical training, which is approved by the DSO, optional practical training is approved by the Service, based on the recommendation of the DSO, and the student must also file Form I-765, Application for Employment Authorization. Under this rule, the DSO will recommend the student for optional practical training in SEVIS and print the SEVIS Form I-20 with the recommendation to be sent to the appropriate Service Center in conjunction with a completed Form I-765. A DSO using SEVIS will no longer need to submit a copy of Form I-538 to STSC in cases where optional practical training is recommended, since the SEVIS update will accomplish the necessary notification. This rule also proposes to amend the period of time in which an F-1 may apply for optional practical training. Under the current rules, an F-1 student must apply for post-completion optional practical training no later than 60 days after completion of their full course of study, with the training to be completed within 14 months following completion of study. The requirement that the training be completed in a 14-month period often is problematic for students who wait to apply for optional practical trainin g until close to the end of the 60-day period, since they must then wait for receipt of the Form I-766, Employment Authorization Document (EAD), before they can begin work. This process often results in the student not being able to receive the full 12 months of training. The current rules also provide, in some cases, that an F-1 student may receive an extra 60 days of authorized stay in the United States. For example, a student can wait to apply for optional practical training until the 60th day after completion of studies, and, at the end of the training period, the student is entitled to a second period of 60 days to prepare to depart the United States. This rule proposes to amend § 214.2(f)(10)(ii) to require that F-1 students must apply for optional practical training p rior to completion of all course requirements or completion of studies, thereby allowing only one 60-day period for departure. The students have only a limited period of time after the program end date in which to complete their training, and cannot begin the training until they have received an EAD from the Service Center. The student must apply before the program end date to ensure that the student will have received his or her EAD in time to commence optional practical training immediately after completi on of study. This requirement will ensure that the students can continue to pursue the purpose for which they were admitted, without a gap, for the entire amount of time for which they are eligible. Similarly, this rule will require that an M-1 student must apply for practical training prior to the completion date of his or her program. However, the request cannot be made more than 90 days prior to the program completion date shown on the Form I-20. Finally, this rule provides that authorization to engage in practical training is terminated when the student changes to another educational level. The current regulations provide for automatic termination of such authorization for an F-1 or M-1 student only when the student transfers schools. What Change Does This Rule Make With Respect to Internships With International Organizations? This rule proposes to amend §214.2(f)(9)(iii) to specify that an F-1 student who has been offered employment by a recognized international organization submit must apply for employment authorization to the Service Center having jurisdiction over his or her place of residence, rather than applying in person at a local Service office. Also, to make this provision consistent with the other practical training processes, the requirement for DSO endorsement of the Form I-20 ID within the last 30 days is being rem oved. This rule also deletes obsolete references in § 214.2(f)(9)(ii) for filing a wage-and-labor attestation with the Department of Labor for off-campus employment, since the pilot program sunset on September 30, 1996. Under the current rules, F-1 students seeking off-campus employment (other than an internship with an international organization as discussed above) must satisfy the requirements for demonstrating severe economic hardship caused by unforeseen circumstsances beyond the student’s control. So, stop giving bull**** if you don't know what you are talking about!!!
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