Ingo

A friend recently sent me the attached note, and I could not respond to it with
enough expertise. Maybe another kind soul here knows the answer?

Thanks,

Ingo

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I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Sylvia Ottemoeller

Ingo wrote:

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[usenetquote2]> >Dear Ingo,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >My son is a F-1 student at the Junior College and is going to get an Associate[/usenetquote2]
[usenetquote2]> >Degree in Computer Information Systems on the next June,6. Unfortunately at the[/usenetquote2]
[usenetquote2]> >present moment I can't afford to transfer him to the University. I have noticed[/usenetquote2]
[usenetquote2]> >about the Optional Practical Training which is possible to any F-1 student before[/usenetquote2]
[usenetquote2]> >or right after its graduation and will allow this student to work in the same[/usenetquote2]
[usenetquote2]> >field of study, for a period up to 18 months.[/usenetquote2]

The maximum duration of F-1 OPT is 12 months. See for example
http://www.isso.cornell.edu/immigration/opta.html. The regulations may be found at 8
CFR section 214.2(f)(10), available through
http://www.ins.usdoj.gov/graphics/lawsregs/8cfr.htm.

[usenetquote2]> >The initial authorization could be given by the Foreign Student Advisor at the[/usenetquote2]
[usenetquote2]> >College the student is attending. However the person which is supposed to take[/usenetquote2]
[usenetquote2]> >care of this matter, have no idea about how to proceed.Is this unbelievable?[/usenetquote2]
[usenetquote2]> >Anyway, I would like to hear your oppinion once more.Is the information that I've[/usenetquote2]
[usenetquote2]> >got true ?[/usenetquote2]

More or less, except for the 18 months part.

If so, how do I have to procced regarding the college ?

You must get the international student advisor to do his or her job. The person must
endorse the I-20 properly, and he or she is supposed to assist your son in preparing
the I-765 properly.

This person has a government mandate. If you continue to have a problem, speak to
that person's supervisor, and that person's supervisor, and state that the whole I-20
program may be in jeopardy if the college cannot meet its responsibilities.

See http://www.nafsa.org/content/Profess...migrationAdvi-
singResources/CIPPRRmain.htm for possible assistance for the college from a
professional organization.

You might check some junior college websites, trying to find one with sophisticated
website concerning F-1 OPT, to show the adviser at your son's college. See
http://www.mcli.dist.maricopa.edu/cc/.

[usenetquote2]> >Also, he is a 4.0 GPA student.This probably would help him,what do you think?[/usenetquote2]

No. Really all that counts is that he maintained continuous valid status and will
complete his course of study on a particular date.

One suggestion: If you can afford for him to transfer after 6 months, ask for only 6
months of practical training. The reason is that the 12 months of F-1 OPT is all that
he is going to get. He could complete a bachelor's degree, and if he has already used
up all the OPT, he has none available to him. This can be a problem, because if he
gets a job offer after graduation which qualifies for H-1B, there is no "bridge" to
the H-1B. He may have to leave the U.S. for awhile, and he would not be able to go on
the prospective employer's payroll very soon.