Frequently Asked Questions

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 If your F-1 visa is denied, don't panic. First, carefully review the denial notice to understand the specific reasons. Common issues include insufficient financial documentation, unclear academic plans, or failure to demonstrate strong ties to your home country. You can reapply immediately after addressing these concerns. Our attorneys have a 98% success rate helping Indian students overcome F-1 visa challenges. 

 Yes, but with strict limitations. You can work on-campus up to 20 hours per week during academic sessions and full-time during breaks. Off-campus work requires special authorization through CPT (Curricular Practical Training) or OPT (Optional Practical Training). Unauthorized work can jeopardize your status and future immigration benefits. 

We are licensed to practice Immigration law in multiple states. Please check our website or contact us to confirm if we are licensed in your state.

 STEM graduates can extend their OPT for an additional 24 months (total 36 months). You must file Form I-765 before your current OPT expires, have a qualifying STEM degree, and secure employment with an E-Verify enrolled employer. The application must include a detailed training plan. Missing deadlines can result in losing your work authorization. 

 Falling out of status is serious but often fixable. Common causes include dropping below full-time enrollment, unauthorized employment, or program completion without timely departure.    

Early intervention is crucial – contact our office immediately if you suspect status violations.

We cannot guarantee lottery selection, we ensure your petition is perfectly prepared to maximize approval chances if selected. 

RFEs are not denials – they're opportunities to strengthen your case. Common RFE topics include specialty occupation requirements, employer-employee relationships, and wage levels. Our firm has a 98% RFE response success rate for Indian clients. Never attempt to respond alone – professional legal guidance is essential. 

 Yes, through H-1B portability rules. If your current H-1B petition has been pending for 180+ days, a new employer can file a new petition, and you can start working immediately upon filing (not approval). However, timing and documentation are critical. Mistakes can result in status violations and deportation proceedings. 

 A denial doesn't end your options. You may be eligible to appeal, file a motion to reopen/reconsider, or refile with additional evidence. If you're currently in F-1 status, you might be able to continue under your previous status. Each situation requires immediate legal assessment to preserve your options. 

 Yes, but it's complex. You can file an I-140 petition without affecting your F-1 status, but filing I-485 (adjustment of status) demonstrates immigrant intent, which conflicts with F-1 requirements. Timing and strategy are crucial. Many students successfully transition through H-1B status first. 

 EB-1: Extraordinary ability, outstanding researchers, multinational executives (no labor certification required, current for Indians)
EB-2: Advanced degrees or exceptional ability (requires labor certification, 50+ year wait for Indians)
EB-3: Bachelor's degrees or skilled workers (requires labor certification, 50+ year wait for Indians) 

 If you've filed I-485 and received a receipt notice, your spouse can apply for an Employment Authorization Document (EAD) using Form I-765. This typically takes 8-12 months to process. Your spouse can work in any field once the EAD is approved. Renewal is required every 2 years until the green card is approved. 

 This is one of the most common transitions for Indian students. Your employer must file an H-1B petition during the annual filing period (typically March-April). If selected in the lottery and approved, you can change status without leaving the U.S. Maintaining valid F-1 status throughout the process is essential. 

 While possible, it's challenging and not recommended. USCIS scrutinizes these applications heavily for preconceived intent. You must prove you didn't enter the U.S. with the intention of studying. Success rates are low, and denial could affect future applications. It's generally better to apply for F-1 from your home country. Please consult our law firm, as every case maybe different. 

 Requirements vary by visa type, but generally include: Form I-539, current I-94, passport copies, financial documentation, supporting letters, and category-specific forms. Missing or incorrect documentation leads to delays or denials. Professional preparation ensures completeness and accuracy. 

Yes, DUI can have serious immigration consequences. It may be considered a crime involving moral turpitude, affecting visa renewals, green card applications, and naturalization. Even minor convictions can trigger removal proceedings. If you're arrested, contact both a criminal defense attorney and immigration lawyer immediately. 

 Yes, immigration applications require disclosure of all arrests, even if charges were dropped or dismissed. Failure to disclose can result in permanent bars from immigration benefits for misrepresentation. We help clients properly disclose and mitigate the impact of criminal history. 

 Travel with pending criminal charges is risky and may result in denial of reentry. Immigration officers have broad discretion at borders. If you must travel, consult with both criminal and immigration attorneys first. We can assess risks and provide strategies to minimize complications. 

 Common RFE topics include:
• Insufficient evidence of specialty occupation (H-1B)
• Employer-employee relationship questions
• Educational credential evaluations
• Financial documentation (F-1)
• Medical examination issues
• Background check delays 

 Failure to respond results in automatic denial of your petition. There's no second chance – the case is closed. Even partial responses or responses received after the deadline typically result in denial. This can affect future applications and may trigger removal proceedings for those in the U.S. 

We speak Tamil, Telugu, Hindi, Punjabi, English and other similar languages. 

Proven Track Record

· 98% RFE Response Success Rate for Indian clients

· Licensed to practice Immigration Law in all 50 U.S. states

Comprehensive Services

· All immigration matters: F-1, H-1B, green cards, asylum, family reunification

· Criminal law defense with immigration consequences analysis

· Human rights advocacy and public interest cases

· Wills and trusts for immigrant families in New York 

Specialized Expertise

· 90% of our caseload serves Indian clients

· Deep understanding of both U.S. and Indian legal systems

· International human rights law expertise

· Constitutional law and appellate experience

Don't navigate complex immigration law alone. Every case is unique, and mistakes can have permanent consequences for your future in the United States.

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Get personalized legal guidance from experienced immigration attorneys who understand your unique situation.

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Final Disclaimer: This FAQ provides general information only and should not be relied upon as legal advice. Immigration law changes frequently, and individual circumstances vary significantly. Only a licensed attorney can provide legal advice specific to your situation. Ramseyer & Associates PC is licensed to practice law and provide legal representation. Consultation fees apply for personalized legal advice.