U.S. Citizenship and Immigration Services (USCIS) announced that it will allow F-1 students who are the beneficiaries of selected H-1B petitions for the 2009 Fiscal Year (FY 2009) to request a change of status instead of consular notification. In the past, a beneficiary of an H-1B petition who was changing his or her status from F-1 to H-1B had to return to the consulate in their home country in order to obtain an H-1B visa. The new rule allows F-1 students to change their status to H-1B without leaving the U.S.
Because this rule was announced after the filing period had closed for new H-1B petitions for FY 2009, many petitioners of F-1 students did not request a change of status in the H-1B petitions they filed. Instead, most petitioners requested consular notification based on the assumption that F-1 students would be required to leave the U.S. in order to obtain an H-1B visa at the consulate in their country of citizenship. The USCIS has created an opportunity for such petitioners to change their requests in this new rule.
To take advantage of the new rule, petitioners of F-1 students whose H-1B petitions are randomly selected to receive an H-1B visa number for FY 2009 can now file a change of status on behalf of qualified beneficiaries. In order to request a change of status in lieu of consular notification, petitioners (or authorized representatives, such as attorneys), should send an email with their request to the USCIS service center where their petition is pending within 30 days of the issuance of the receipt notice.
The requests should include the following:
- Receipt Number
- Petitioner's Name
- Beneficiary's Name
-Date of Birth
-I-94 (Arriva/Departure Record) number
-Student and Exchange Visitor Information System (SEVIS) number
Note: the USCIS asks that individuals and attorneys refrain from contacting the service center about requests for change of status until after receiving a receipt notice.
This new rule follows a recent announcement by the U.S. Department of Homeland Security (DHS) would extend the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with degrees in science, technology, engineering or mathematics who are employed by businesses enrolled in the E-Verify program. (Click here for more information regarding the OPT extension period)
The attorneys at Harrison Alo, Attorneys at Law have extensive experienced in assisting clients with issues related to F-1 student status, as well as the H-1B visa. They would be more than happy to answer your questions and address your concerns regarding the new regulations.
