I am on F-1 visa in the U.S. I will be completing my graduate degree in Dec 96. Do I still get one year of practical training after the Simpson bill. Is there a way to seek employment without going back after the period of practical training is over ?

You will still get one year of optional practical training after complete your studies. The Simpson bill will not change that. It is possible to seek employment in the United States without going back to your home country once your practical training has ended. However, the Simpson bill will require that professionals possess five years of experience outside the United States after completion of the degree as a prerequisite for employment -based permanent residence. The Smith bill will also require that professionals possess two years of experience after completion of the degree but this experience may be acquired while in the United States. If either bill is passed, after your optional practical training has ended you will only be eligible for nonimmigrant visas until you have satisfied the work experience requirements.

I am on a H-1B visa which expires in June 1997. I have been in U.S since november 1993. I am planning to apply for permanent residence in the U.S. If I apply for Green Card in February, 1996 and I do not get my labor certification before October 1 1996, will I be affected because of Simpson or Smith Bill. If yes, to what extent ? Also, can I apply for an extension of my H-1B visa by February, 1996?

You will need an approved labor certification, an approved petition for permanent residence and a current priority date by October 1, 1996. You can extend your H-1B on February, 1996 since the Simpson bill's limit of three years for H-1B will not be effective yet.

I have a friend who is in the 2B preference visa backlog. Several months ago he received a letter from the INS who granted him permanent residence status. He even had his passport stamped. However, a later letter from the INS stated that they had made a mistake and they put him back on the waiting list. During this period, my friend graduated from college and entered graduate school with his permanent residence status. Can he apply for an F-1 visa again given his immigrant intent?

If your friend is in the 2B preference category, he would have been in the visa backlog when he obtained his first F-1 visa. Simply being the beneficiary of a pending petition for permanent residence is considered evidence of immigrant intent. Your friend is probably in no worse a position than he was when he applied for the original F-1. He can still overcome the presumption of immigrant intent by showing strong ties to his home country. It is not easy, but it can be done. He obviously did it once before. However, if your friend obtained his first F-1 by failing to disclose the existence of his pending petition, they will certainly be aware of his pending petition this time around.