Posted by: sedif April 4, 2008
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"Review Process by OMB and Date for Interim Final
Rule
©MurthyDotCom
The general time for OMB review is ninety days. Thus, it is expected that the OMB will complete this review by the end of June 2008. If the OMB does not find any significant issues with the regulation, it will be published in the Federal Register. Since it is an interim final rule, the USCIS may place an effective date in the notice, and the rule will be in effect from that date. Should the OMB still have comments or questions on the rule, it may need to be returned to the DHS and/or ICE for further revisions.
©MurthyDotCom
What Should F-1 Students Do Now?
©MurthyDotCom
It is impossible to predict whether the OMB will approve the rule for publication, or exactly when that might happen. Individuals who need to apply for F-1 OPT, therefore, should do so in a timely fashion before graduating to avoid losing eligibility for OPT. The law requires the OPT application to be filed before the F-1 student graduates. Clearly, many U.S. employers and their foreign national employees authorized for OPT would welcome an extended validity period. Most importantly, this benefit would provide the much needed relief for those who need additional time on OPT before they are able to start work in H1B status, known as the "cap gap." We at the Murthy Law Firm will continue to monitor this important new development, to update our readers once the OMB's review is complete."
---http://www.murthy.com/news/n_extopt.html
©MurthyDotCom
The general time for OMB review is ninety days. Thus, it is expected that the OMB will complete this review by the end of June 2008. If the OMB does not find any significant issues with the regulation, it will be published in the Federal Register. Since it is an interim final rule, the USCIS may place an effective date in the notice, and the rule will be in effect from that date. Should the OMB still have comments or questions on the rule, it may need to be returned to the DHS and/or ICE for further revisions.
©MurthyDotCom
What Should F-1 Students Do Now?
©MurthyDotCom
It is impossible to predict whether the OMB will approve the rule for publication, or exactly when that might happen. Individuals who need to apply for F-1 OPT, therefore, should do so in a timely fashion before graduating to avoid losing eligibility for OPT. The law requires the OPT application to be filed before the F-1 student graduates. Clearly, many U.S. employers and their foreign national employees authorized for OPT would welcome an extended validity period. Most importantly, this benefit would provide the much needed relief for those who need additional time on OPT before they are able to start work in H1B status, known as the "cap gap." We at the Murthy Law Firm will continue to monitor this important new development, to update our readers once the OMB's review is complete."
---http://www.murthy.com/news/n_extopt.html
Last edited: 04-Apr-08 02:16 PM