http://immigrationlegalblog.com Phone 510 7425887 http://peerallylaw.com Based on federal regulation, -certified schools are subject to a review of their certification at any time. On Aug. 2, Herguan University was issued a Notice of Intent to Withdraw by SEVP. The school failed to respond to this notice within the 30-day time period allowed by regulation. Therefore, on Sept. 18, SEVP issued Herguan University a Withdrawal on Notice. As a result of the Withdrawal on Notice, Herguan University is no longer certified by SEVP to enroll nonimmigrant students and all nonimmigrant students have had their Student and Exchange Visitor Information System (SEVIS) records terminated. Because the school failed to respond to the Notice of Intent to Withdraw within the 30-day time period, the school does not have appeal rights. Herguan University nonimmigrant students have the following options: 1. A nonimmigrant student can transfer to a new school that is willing to accept the student. The school accepting the transfer must be willing to recommend re-instatement for the student and should contact the SEVIS Help Desk to have the student's SEVIS record transferred. Once the student's SEVIS record is transferred, the new school must issue the student a new Form I-20 populated with the school's information and issue the document for the reason of "reinstatement." The student must then file a Form I-539 for reinstatement with the U.S. Citizenship and Immigration Services (USCIS), or 2. If the student is unable or unwilling to transfer, the student must depart the country within seven calendar days. Herguan University nonimmigrant students participating in Optional Practical Training (OPT); science, technology, engineering and mathematics (STEM) Optional Practical Training; or Optional Practical Training Cap-Gap will have their records terminated and will lose their work authorization. When this happens, the impacted students must immediately stop working. These students will be permitted to transfer their SEVIS record by following the instructions provided above, as long as they enroll in a new course of study and apply for reinstatement. However they cannot transfer the balance of their Optional Practical Training.
Herguan University' SEVP officially shut down on Sept. 18 2012 (Breaking Immigration news) - YouTube |
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