If you’re reading this, you may already know about the WashTech decision issued in August 2015 (https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0529-43) and what it is about – an effort to prevent foreign students from being able to take advantage of the additional 17 month extension on their Optional Practical Training (“OPT”) if their field of study falls into the STEM category (science, technology, engineering, …
When A Visa Extension Is NOT a Status Extension
In a recent unpublished decision, the Board of Immigration Appeals (“BIA”) issued a rather devastating opinion on the subject of immigration status and adjusting to permanent residence. The BIA held that the foreign national accrued “unlawful status” (but not “unlawful presence) during the pendency of his ultimately denied H-1B extension of status petition and after the initial H-1B had expired. …