NAFSA Regulatory Resources: Role of your Regbuds, KC ISSS Regional Liaisons, and NAFSA.org

Brian Groves Reg Ombud: J-1 Scholars

Director International Students and

Scholars Office, UC San Francisco

Phone: 415.476.0280 Fax: 415.476.8119

Kathy Shek Reg Ombud; F-1 Students

International Student Advisor Bechtel International Center

Stanford University Tel: 650.723.1833 Fax: 650-725-0886

kshek@stanford.edu

Rebecca Sablo KC ISSS Regional Liaison

Lead International Student Advisor, UC Berkeley

Berkeley International Office Tel: 510.643.8305 Fax: 510.643.7289

rsablo@berkeley.edu

Scenario 1

Jane DSO has learned that a student who filed a change of status (COS) from F-2 to F-1 was denied by the Service Center. The reason for the denial was due to the fact that the F-1 record of the student's spouse was not in active status and the F-2 was not eligible for the COS. Somehow, the F-1's SEVIS record was completed in error. Since this was an error, the F-1's DSO submitted a SEVIS Help Desk ticket to have the record corrected. In the meantime, how should Jane DSO proceed?

Scenario 2

Part I: On Sept. 1 you filed an change of status H-1B petition extension for a postdoc from Germany whose status will end on January 1rst. The postdoc wants to save money and not pay for premium processing. On December 1, the postdoc comes to your office and asks for her H-1B approval notice. You check and see that it still hasn't been approved and tell that to the postdoc. The postdoc asks you, "What do I do if it doesn't come before my visa expires? Do I have to go home? What do I tell my PI?" What resources would you access to answer this question?

Part II: Finally, on Dec 15, you receive the H-1B approval but in checking the I-94 you find out that country of citizenship incorrect notes Venezuela! You check the I-129 form and find out that you filed it correctly. It's clearly the Service Center's mistake. You decided to call the National Customer Service Center at 1-800-375-5283 to request service request for an extension and the NCSC tells you to expect an answer from the CSC within two weeks. Two weeks pass and you don't get an answer. The postdoc would like to travel for a conference in Japan in February. How would you handle this?

Scenario 3

An F-1 student at International University is 30 days away from graduation and the expiration of his California driver's license. He tried to renew his license based on his pending OPT application but was denied. He doesn't understand why his license has been denied since he's still studying full time, has a valid I-20, and a receipt notice showing his intent to extend his F-1 status based on OPT. The student comes to you for help. What resources would help you problem solve?

Scenario 1 Solutions: Refer to NAFSA's Immigration Resources for International Student and Scholar Advisors at www.nafsa.org/Content.aspx?id=7923

Step 1: Check the regulations regarding the F-1/F-2's legal status given the circumstances. Either look up on the Advisor Manual or read the regulations directly which is linked on NAFSA's Find Law & Government Resources site (also linked from the Immigrations Resources site).

Full definition of duration of status at 8 C.F.R. § 214.2(f)(5)

(5) Duration of status -(i) General. Except for border commuter students who are covered by the provisions of paragraph (f)(18) of this section, an F-1 student is admitted for duration of status. Duration of status is defined as the time during which an F-1 student is pursuing a full course of studies study at an educational school approved by the Service for attendance by foreign students, or engaging in authorized practical training following completion of studies, except that an F-1 student who is admitted to attend a public high school is restricted to an aggregate of twelve months of study at any public high school(s). An F-1 student may be admitted for a period up to 30 days before the start of the course of study. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of studies.

Contact CSC.schools@dhs.gov directly to inquire about this case and point out that while the SEVIS record was incorrectly completed and not active, the F-1 spouse was still legally maintaining his status as he was continuing to pursue his full course of study so the F-2 was and still is legally eligible for a COS from F-2 to F-1.

If there's no resolution after 30 days, Jane DSO can request case assistance from the RegOmbud by going to IssueNet: Get Liaison Help.

Scenario 2 Solutions: Accessing Regulations: You log into the NAFSA Manual and find H-1B extensions under Chapt. 7.32.2 "240-day rule: eligibility to continue employment while extension is pending" An H-1B alien for whom the employer has filed a timely application for an extension of H-1B stay can continue employment for the same employer while the request for extension of stay is pending with USCIS, for a period of up to 240 days beyond the expiration of the prior period of authorized stay. 8 C.F.R. § 274a.12(b)(20)

To take advantage of this rule, the following conditions must be met: * The application must be received by USCIS in a "timely" fashion, that is, before the expiration of the current period of H-1B status; 8 C.F.R. § 214.1(c)(4) * The H-1B alien continues to work only for the same employer that has filed the extension of stay petition on the alien's behalf.

AM cross-reference Also See AM § 14.4.2.1 "240-day rule exception" for info on reflecting the 240-day exception on Form I-9."

You then print out the relevant citations and give to the postdoc. You think that this processing time is unusually slow so you check the www.uscis.gov for the stated processing times.

Scenario 2, Part II Solutions: You could go use the csc-ncsc-followup@dhs.gov after thirty days. But you can also request Liaison

help. You'll need to provide all the case details and it the NCSC case number.

Scenario 3 Solutions: Search the NAFSA International Student Advising Network's Discussion section and Resource Section to see if

there is any specific information about California driver's license renewal. If there is no information, contact the KCISSS rep who can

provide guidance on California Driver's license renewal requirements and contact information for the Sacramento DMV if necessary

1. The KCISSS rep will let you know that California DMV will only renew license if the I-20 program end date is at least 60 days in the future. This student has an end date in 30 days and is not eligible for renewal while his OPT application is pending.

2. Once his OPT is approved, he can work with the Advisor to resubmit his EAD card to the DMV for the renewal. The EAD card in combination with the passport, I-94 and I-20 will be proof of legal presence. The KCISSS rep can provide contact information for DMV contacts in Sacramento.

3. If the student is in dire need of the license, for example for job interviews or another reason that could lead to potential economic hardship, the student may request an expedite of the OPT application by submitting the request to the National Customer Service line.