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BANDER & ASSOCIATES Alerts Students on End of OPT Gap. |
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New Rule Is Opportunity for Foreign Students
USCIS issued new rules on Friday, April 4, 2008 which radically alter the rules for many foreign students starting work on the Optional Practical Training ("OPT"), which up to now has been a one year work permit.[1] Students often use OPT to work until they obtain a longer term H-1B work visa but some students end up in a "Gap" when the OPT runs out before an H-1B becomes effective.
Filling the OPT Gap. For students whose currently valid OPT expires before October 1st and who have a pending petition to change your status to H-1B beginning October 1st:
- the OPT and F-1 student status are automatically extended until October 1st (unless the H-1B petition filed is denied);
- some pending H-1B petitions may need to be amended if "notify the consul," instead of "change of status" was designated, which when filed under the old rules was the proper designation.
This new rule applies to all students regardless of their field of study and all employer H-1B petitions. If a student's status or employment authorization ends between the time an H-1B petition is filed and October 1st, then this rule will fill the "gap" in their work authorization and status. The H-1B petition must be filed with USCIS for the student to be eligible for the cap gap fix; students whose H-1B petitions were submitted to USCIS but are not selected in the H-1B lottery will not receive the benefit.
We are giving you immediate notice about this even though the ruling is so recent that there has been little guidance or interpretation from USCIS beyond its press release and the discussion contained in the rule itself. Many questions remain. We will be tracking the implementation of the ruling and will let you know additional details as they become available.
We are grateful to our IMMLAW colleagues Jay I. Solomon in Atlanta, Georgia, and Martin J. Lawler in San Francisco for permitting us to share their interpretation of the ruling.
If you wish Bander & Associates to evaluate your situation, or that of a family member or employee, as regards the opportunity it presents in your situation, please e-mail Michael Bander at michael@bandervisa.com.
Michael A. Bander, Esq.
[1] This newsletter is a synopsis, with their permission, of a newsletter produced by IMMLAW colleagues Jay I. Solomon of Atlanta, Georgia and Martin J. Lawler of San Francisco, California.
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UPDATE ON FBI NAME CHECK DELAYS: BANDER & ASSOCIATES CAN HELP |
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"FBI Name Check" Key Delaying Factor in Processing a Residency or Naturalization Application.
The "FBI name check" is now the key cause of delay in the processing of a residency or naturalization application. Bander & Associates, P.A. has been aggressive in challenging this delay in processing in U.S. District Court.
In his annual report to Congress in June 2007, USCIS ombudsman Prakash I. Khatri called the USCIS' backlog of FBI name checks "unacceptable from the standpoint of national security and immigration benefits processing".
Many Bander & Associate's clients have suffered greatly because of USCIS' processing backlog of FBI name checks, resulting in an inability to sponsor spouses and parents for green cards and inability to obtain scholarships and pursue certain job opportunities.
USCIS issued a memorandum on February 4, 2008 stating that where a residency application is otherwise approvable and the FBI name check has been pending for more than 180 days, the USCIS adjudicator shall approve the residency application. On April 2nd, USCIS issued a new release that USCIS and the FBI had a joint plan to process all FBI name checks pending more than three years by May 2008 and pending more than two years by July 2008. Further, all name checks pending more than one year will be processed by November 2008 and all FBI name checks pending more than 180 days will be processed by February 2009.
These USCIS memorandi present long-suffering residency and naturalization applicants with even more justification for challenging a continuing delay if the sole reason for delay is an FBI name check pending over 180 days.
If you or someone you know have been waiting over 180 days for a decision on a residency application or over 2 years on a naturalization application because of the FBI Name Check, contact Stephen M. Bander at stephen@bandervisa.com to discuss the possibility of bringing a U.S. District Court complaint against USCIS based on these memorandi and news releases. See Sunday's, April 13th, 2008, Miami Herald regarding Stephen Bander's work in this area.
Stephen M. Bander, Esq. |
| Potential Remedy for Possible Identity Theft from Bander & Associates |
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| Recovering Damages for Federal Violation of Your Privacy and Putting You At-Risk of Identity Theft
Bander & Associates, P.A. has made a name for itself bringing lawsuits against the government for its processing delays of immigration benefits. We are now prepared to assist you against corporations who are sharing too much of your credit card information on your receipts and putting you at risk of identity theft.
Under a 16-month-old federal law, known as the Fair and Accurate Credit Transaction Act, or "FACTA," consumers can sue companies for putting too much credit card information on internet, store and restaurant receipts, thus increasing the likelihood of identity theft.
The law prohibits retailers and restaurants from showing credit card expiration dates or more than five digits of the account number on printed receipts. Moreover, a victim of a violation does not need to show any actual harm to be entitled to statutory damages.
If you have been issued a credit card receipt that has your expiration date or more than five digits of your account number, please contact Stephen M. Bander at stephen@bandervisa.com or call 305-358-5800 Ext. 2255 immediately.
Stephen M. Bander, Esq.
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We are always alert to opportunities to help individuals and families become legal US residents and citizens. Please register to receive our Alerts by clicking the box on the left. We also encourage you to visit www.bandervisa.com for information about Bander & Associates and our attorneys and staff.
Sincerely,
Michael A. Bander
Bander & Associates, PA.
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