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Children Of H1b Visa Holders Will Have More Job And Education Opportunities: F1 Visa Rule Changed

The US Citizenship and Immigration Services (UCIS) has refreshed the F-1 student visa policy. So now, the “gap” status will be dropped when one applies for an F-1 visa.
Previously, applicants use to submit additional applications for extension of nonimmigrant status, adding to the administrative burden for both applicants and the government.

“USCIS does away with burdensome “gap” status requests when one changes to F-1. This will offer some relief to children of backlogged talented immigrants who age out, although the optimum approach is to get rid of per-country limits and add more visas,”

Cyrus Mehta, an immigration attorney in the United States, wrote on Twitter.

How It Will Impact The Children Of H-1B Holders?

In accordance with USCIS, adjudication of the change of status (COS) to F-1 was challenging to align with fluctuating program dates, forcing applicants to file repeated extensions to prevent a “gap” in class.

This resulted in back filings and extensions, resulting in a higher administrative burden and expenditures for both applicants and the government.

“To limit costs USCIS now does not require the applicant to submit subsequent requests for extension or change of nonimmigrant status while the COS request to F-1 status is pending with USCIS, provided that the applicant’s nonimmigrant status is valid at the time of filing the initial COS application and the applicant is still eligible for a COS,”

Here is the Policy Update Read.

The F-1 status would be violated if this were to occur

If the change of status application is accepted for more than 30 days before the program’s commencement date, the applicants must guarantee that they do not violate their F-1 status during that time.
A violation of F-1 status would occur if the applicant worked illegally for more than 30 days before starting the program.

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