H-1B Status with Premium Processing (PP)
The Temple department could submit a complete H-1B Application in ISD for the H-1B applicant between 2 and 3 months prior to the H-1B Requested Start Date (this is usually the day after the EAD card expires). The H-1B Applicant would need to either remain in the US or at least not travel outside the US until after the H-1B is approved. H-1B Applicant could not begin working in H-1B status until USCIS approves the change of status. For more details on Premium Processing, see www.temple.edu/isss/international/premium-processing.html
J-1 Exchange Visitor Status Through Travel Outside the US
Temple department would apply for a DS-2019 for the J-1 Applicant between 2 and 3 months prior to the J-1 Program Requested Start Date (this is usually the day after the EAD card expires). The J-1 applicant could not begin working in J-1 status until s/he left the US, obtained a J-1 visa stamp and reentered the US in J-1 status. Please note that the J-1 applicant may be chosen for a Security Clearance check (otherwise known as “Administrative Processing”). This could delay the J-1 visa stamp issuance for 2-8 weeks, and in some rare cases even longer. However, this is almost always faster than applying for a Change of Status in the US. For more details on Security Checks, see www.temple.edu/isss/immigration/SecurityClearancesAdministrativeProcessing.html
H-1B Status without Premium Processing
The Temple Department can file for an H-1B petition for him no sooner than six months prior to the H-1B Requested Start Date (again, this is usually the day after the EAD card expires). If you file by this date, you could most likely avoid the Premium Processing fee of $1225. However, and this is a very big however, travel outside becomes very tricky. ISSS strongly recommends that the H-1B applicant avoid travel outside the US UNLESS he plans his trip to coincide with the H-1B start date. If we know that the applicant plans to travel outside the US, we would file the I-129 with Consular Processing; this means that the applicant could not begin working in H-1B status until he left the US, obtained an H-1B visa stamp and reentered the US in H-1B status.
Travel while change of status to H-1B is pending
A nonimmigrant who travels abroad while an application for change of status to H-1B is pending is considered to have abandoned the change of status portion of the petition.
INS memo HQ 70/6.2.9, Tom Cook (June 18, 2001).
Only the change of status portion of the H-1B application is affected by travel, though. If the H-1B petition is later approved by USCIS, and the alien is still abroad, he or she can apply for an H-1B visa at a U.S. consulate and then enter the United States in H-1B status.
If an alien who departed the United States while an application for change to H-1B status was pending reenters the United States in another nonimmigrant category, he or she is not considered to be in H-1B status even if USCIS subsequently approves the change of status request that was pending at the time of the alien's departure. In that case, the alien would either have to exit the United States with the approval notice, obtain an H-1B visa and then reenter in H-1B status, or have the employer file a new Form I-129 requesting a change of status once more. The latter course of action could be difficult, as immigration inspectors may infer preconceived intent on the part of the alien.
Change of Status (COS) to J-1 Exchange Visitor Status Inside the US
Temple department would apply for a DS-2019 for the J-1 Applicant about six months prior to the J-1 Program Requested Start Date (again, this is usually the day after the EAD card expires). J-1 Applicant would submit an I-539 to USCIS with ISSS assistance. S/he could not begin working in J-1 status until USCIS approves the change of status. Be very aware that this can take six months or more and there is NO Premium Processing for a change of status to J-1. This means that if the COS has not been approved by the end date on the EAD card, there is no way to expedite the COS application and you must remove the applicant from Payroll. The J-1 Applicant is not permitted on Temple’s campus. S/he cannot travel outside the US until the J-1 COS Application is approved as USCIS views travel outside the US as an abandonment of the J-1 COS Application. For more details, visit our website at www.temple.edu/isss/international/cosvtraveljscholars.html
Status while COS is pending
Generally, nonimmigrants who have filed a timely application for change of status to a different nonimmigrant status or have filed an application for extension of stay can remain in the United States while their application is being adjudicated by USCIS, but only if the person was in valid nonimmigrant status when he or she filed the application, and the person's nonimmigrant status will continue to be valid up until the date that the new status is requested to begin.
A change of status application is a personal application of the alien, and can have complex impact on the alien's immigration status and eligibility for future immigration benefits.
Travel outside the United States while a COS application is pending
USCIS considers an application for change of status to be "abandoned" if the applicant exits the United States while the application is pending. INS headquarters had issued instructions to its field offices to deny change of status applications if at any time such travel came to the attention of INS.
INS memo HQ 70/6.2.9, Tom Cook (June 18, 2001).
Practice Note Subsequent approval of change of status after travel
USCIS may not be aware that an alien departed the United States while a change of status application was pending. If the application is subsequently approved, USCIS may argue that the approval is not effective, and that the person remains subject to the terms and conditions of the status in which he or she last entered the United States.
F-1 Students Applying for STEM OPT Extensions
Please note that to be eligible for a STEM OPT extension, the student's employer must be registered in E-Verify and must use the system to verify all new employees. While Temple University is registered in the E-Verify system, Temple does not use the system to verify all new employees, only those that are working on a Federal Contract. This means that Temple does not allow individuals to work here using a STEM OPT Employment Authorization Document as proof of US Work Authorization. This is not an ISSS policy but rather a Temple University Human Resources matter. Department Chairs with questions regarding STEM OPT Employment can speak with Karen Ward in HR for clarifcation.
(5) Employer qualification. The student’s employer is enrolled in E-Verify, as evidenced by either a valid E-Verify Company Identification number or, if the employer is using an employer agent to create its E-Verify cases, a valid E-Verify Client Company Identification number, and the employer remains a participant in good standing with E-Verify, as determined by USCIS. An employer must also have an employer identification number (EIN) used for tax purposes.
If the employer participates directly, it will have an E-Verify company identification number; if the employer participates through an E-Verify Third Party Agent, the employer will have an E-Verify client company number. After enrolling in E-Verify, an employer must use E-Verify to comply with its I-9 and employment verification obligations for all new hires, U.S. as well as alien.