Most full-time international students come to the U.S. on an F-1 student visa (Form I-20), although some have the option to obtain J-1 visa status [DS-2019]. And if both choices are options, then how do you decide? It all depends on your goals – where you want to find yourself 5 to 10 years down the road. Just like you have a destination in mind when you
purchase an airline ticket, when you decide on a student visa category, you’ve thought ahead for more than just the school program.

People get overwhelmed by information, especially when it comes to life plans because unexpected change is inevitable. But the basic act of making a decision is not that difficult if you already know the outcome you desire. Success, after all is said and done, is simply achieving your personal objective(s) and the means of “getting there” are tools that may
change or become outdated. That’s why I tell international students seeking my advice about whether to come into the U.S. on an F-1 or a J-1 visa, the that answer (after eligibility) depends upon their long term plans.

Researching Eligibility: Many college websites, especially those who have a large international student body, have organized resources online for weighing the specifics and the pros/cons to help students in the global internet community. When you are evaluating choices between two options, it helps to see things in columns with basic terminology and follow-up links for going deeper into the question.

I do recommend, however, that your research be primarily targeting information from .gov [example, http://travel.state.gov/visa/visa_1750.html ] websites. Additionally there are informative .edu websites: [examples, www.ksu.edu/isss http://www.hws.edu/studentlife/guide/intl_status.aspx ]. However, for .edu websites you should ensure they are up to date and accurate as immigration law frequently changes; thus you should also consult an immigration attorney.

Long term plans: Here’s seven basic factors to put beside your life plans in choosing between the F-1 and J-1 visa:

1) Eligibility requirements regarding sources of funding;
2) Off-Campus Employment options for student
3) Employment/education opportunities for dependents
4) Home residency requirement (2 year return to home country): visit j1visawaiver.net for more information regarding obtaining a j1 waiver
5) Grace period after completion program/expiration of visa
6) Program changes allowed (e.g., change major)
7) Insurance requirement(s) (state/federal)

Clearly the factor that certainly affects goals/plans the most would be #4, the home residency requirement. The J-1 visa holder subject to this rule must return to country of origin for two years after completing their J-1 program, unless they have been approved for a j1 waiver. Getting a waiver 5 to 7 years down the road may not be a sure thing.

Having Plan A and Plan B worked out in advance, will prevent unnecessary upset when expectations are waylaid/delayed due to a necessary change in plans. Plan ahead, know your goals, and have at least one Plan B in your toolkit. Don’t give up – that’s the only step you absolutely have to take again and again.

If you’re a full time student from a foreign country who will be traveling to the US to study at a university, college, conservatory or high school or as a language student, then you will want to apply for and secure a F1 Visa. In my practice as an immigration lawyer in the San Jose Bay Area, CA, I’ve found that this visa, which is specifically designed for students, is essential.

Primary F1 Benefits

First and foremost, the F1 visa allows individual full time students to enter the United States in order to study at an academic institution. In essence, along with your acceptance at a school, this is your ticket into the country.

The F1 visa eventually offers you the opportunity to work legally either on- or off-campus via CPT or OPT. There are numerous opportunities at institutions dedicated to learning where students can gain valuable experience, create professional connections and earn money through a campus or off-campus job. In essence, you can get paid to acquire skills and further knowledge through training that is experienced based.

Secondary F1 Benefits

This visa, which is fairly simple to apply for, also lets you travel throughout the U.S. as long as you’re a student. The F1 is the document that allows you to stay in the country until you have completed your educational program and it also provides you with the opportunity to bring your spouse and any children under the age of 21 into the country while you are here studying.

The F1 visa is exceptionally handy because with it students can engage in numerous activities that enrich their studies and their time spent in the U.S. In applying for the F1, you want to make sure that you adhere to all procedures and submit proper documentation. This process should be speedy but as an immigration lawyer in the San Jose area I’ve found that by not following all necessary steps, your paperwork can be delayed.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding F1 visas or immigration law.

I am going to devote a few blogs to this important area and look at how F 1 visa holders can get an extension as they apply for their H 1B. In this blog, I’m going to consider eligibility criteria.

What’s Allowed by Current F 1/H 1B Extension Regulations?

Currently rules allow specific students whose H 1B petitions are pending or accepted to keep their F 1 status when that student’s standing to work would normally run out. This extension occupies what’s known as the “cap-gap.” That is the duration between a student’s F 1 status and their H1B status.

The Reason for the “Cap-Gap”

This gap occurs because an employer is not allowed to file and USCIS may not accept H 1B petitions earlier than six months prior to the date that the beneficiary’s services or training are required to commence. The earliest date for the filing of petitions for the next fiscal year is April 1, with employment commencing October 1. With approval of the H 1B petition, which includes a change of status, the earliest date H 1B employment can be approved for is October 1. F 1 students that do not qualify for a cap-gap extension, and whose status expires before October 1^st, could be in violation of their F 1 status.

Petitions and Beneficiaries that Qualify for a Cap-Gap Extension

If a student is engaged in this process they must be sure to stay in communication with their organization or company that has offered them employment. The possible employer is the hub of information for H 1B petition processing and can provide the most current information to the student.

Organizations applying for the H 1B must go ahead and complete the process on time. The petition must be submitted while the acceptance time frame for H 1B is in effect.

With timely filing completed the automatic cap-gap extension commences and will continue until the H 1B petition decision process has been concluded. If approved, the student’s extension continues through September 30^th. If the student’s H 1B petition is not selected or approved, then they will be given the standard 60-days from the notice date of the rejection or the end of their program or OPT termination date, whichever is later, in order to prepare for and depart the U.S.

For those students looking to fill the cap gap working with an experienced immigration lawyer can help ensure that all steps of the filing process are properly followed. In my San Francisco Bay Area and Sacramento law office, this is a busy time and although it’s not too late to start the process, it’s best to begin as early as possible.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding F-1 extension and H-1B visas or immigration.

Recommendation Request from Designated School Official (DSO)

Those who think they would profit from practical training in their field and consider themselves to be OPT eligible should first meet with their Designated School Official (DSO), who is their international advisor, and request a recommendation. The DSO must issue a recommendation for OPT in SEVIS and provide the student with Form I-20, which has been updated. The student must submit the Form I-20 with the employment authorization application.

Form 1-765, Application for Employment Authorization

The Application for Employment Authorization (Form 1-765) must be filled out.

Collect All Documents

The following supporting evidence and immigration documents must then be collected. These will be submitted with the Application for Employment Authorization.

• Form I-94 with both sides photocopied.
• A photocopy of valid passport including photo page, if original page has expired renewal page, and all pages displaying amendments such as any name changes, corrections, etc.
• Photocopy of visa page if applicable.
• Photocopies of all Form I-20s that have been issued to you.
• Photocopies of any previous Employment Authorization Documents (EAD).
• Two identical photographs (see photograph instructions on the Form I-765).
• The $340 fee in the form of a check or money order made payable to the U.S. Department of Homeland Security.

Meeting with DSO

Meet with the DSO to review all application materials and to obtain a copy of the recommendation and the updated Form I-20.

Photocopy All Materials and File

Photocopy all materials for yourself and submit your application materials, including Form I-765 and supporting documents with the appropriate USCIS Service Center.

This is a basic checklist that I’ve found useful in my immigration law practice. It’s important that petitioners fill out all materials completely and submit each required document.   Please note that your school may have specific requirements not discusses in this article and you should always speak with an international student advisor at your school regarding OPT.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose Bay Area, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding the OPT application process or immigration.