A: Yes, if the DSO issues Curricular Practical Training (CPT) the student can commence employment immediately. If, however, Optical Practical Training (OPT) was recommended, the student cannot commence employment until USCIS issues an EAD (Employment Authorization Document). This request is submitted to the USCIS on Form I-765.
A: One cannot travel with only a EAD card. To return to the U.S. in F-1 status, you should have a valid F-1 visa (unless Canadian national), EAD card, I-20 endorsed by the DSO within the last 6 months from date of proposed entry to the U.S., and letter confirming practical training employment from the employer. Please remember, F-1 status does require non-immigrant intent (you have the burden to show the USCIS upon entry your intent is to complete your practical training and return home after the practical training is completed).
A: Yes. However, by leaving the U.S. while the petition is pending, the H-1 change of status request on your behalf is voided out and the new I-94 USCIS issues with the I-797 reflecting H-1 status is not valid. The new I-94 received upon re-entering the U.S., while the H-1B was pending, is controlling. To effectuate the H-1, you will be required to depart the U.S., apply for the H-1B visa, and return in H-1 status. This must be done within 60 days after the practical training expires. Also, remember that F-1 status requires non-immigrant intent. This may be difficult to prove to the USCIS with a H-1B petition pending.
A: You should ask your company to place you on an unpaid leave of absence and you can return to work when USCIS approves the H-1B petition and the change of status request.
A: Same taxes as LPRs and USC, however, there is a FICA exemption for F1 students.
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Thanks again to you and all the others who have helped me immensely in this process. After reading multiple forums, I must say that ILG’s process is one of the most streamlined and unambiguous and the people there are the most helpful.
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Thank you very much for all the detailed explanations, timely processing and well-informed responses over the past 2 years. This moment would not have been possible without your thorough efforts and zeal.
It has been a real pleasure working with your team and a sincere thanks once again from [my wife and I].
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I have worked with a number of immigration attorneys in the last 18 years. No one even comes close to the kind of diligence you put into your work. I am truly amazed...
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Thanks a lot for the headsup, and thanks to everybody concerned for such efficient and timely execution.
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Immigration Law Group is a wonderful partner in our efforts to provide 'best in class' immigration service to our employees. They are readily available for phone conferences, and answer all our questions promptly. I highly recommend Immigration Law Group as an Immigration Attorney for any company, small or large.
"I really want to THANK YOU [ILG] for all your support all these years. You have been great and extremely helpful every time I reached out to you. We are privileged to have you part of [Employer's] extended team."
I have worked with many immigration firms in my career, and Immigration Law Group has been one of the best. I scrutinize every document before it is signed and I have never found an error in any of the documentation provided. I also appreciate the extremely fast turnaround times and the promptness in which your staff contacts me if anything is missing or needed. I never have to keep checking on the status of my cases. I also really appreciate the reasonable rates that you charge for the first class service provided.
Thank you so much. I commend you and your company for outstanding service to clients.
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My sincere thanks to all of you once again for your outstanding support through the entire process - Truly, an Excellent Team!"
“The ILG team are consummate professionals who understand the needs of their customers, get the job done within tight timelines, and clearly have a passion for their craft. They are subject matter experts, but what truly sets ILG apart is that you are never made to feel as though your question is too big or too small, that your request (no matter how complex) is unreasonable, or that a deadline cannot be met. It is a pleasure to partner with ILG as our dedicated provider of immigration advisement and support.”