The situation at Herguan University (HGU) is very dramatic especially for those on OPT (Optional Practical Training) and benefiting from the Cap-Gap. The Cap-Gap allows the student who graduated and who is on OPT to continue working and staying in the United States until the H1B status starts on October 1, 2012. In this case, the fact that ICE (Immigration Custom Enforment) is mentioning that the Cap-Gap is being terminated is troubling for many especially that there are only 12 days to reach October 1, 2012.

This is unfair to many students who have actually complied with all the rules including avoiding CPTs(Curriculum Practical Training) and who have physically attended classes. From the information our law firm is getting, it seems that the SEVIS is advising students to do a reinstatement and then withdraw the reinstatement at October 1, 2012. However, this actually might not make a legal sense because a pending status does not grant status and as most people know it is imperative to be in status to change status (on a non immigrant visa).

The other disturbing facts, is that HGU is clearly mentioning on their website that they indeed answer the Notice of Intent to Withdraw. This is what was posted on HGU Website:

HGU responded to the Notice of Intent to Withdraw contrary to SEVIS’ notice on their webpage. SEVP’s attorneys stated September 4, 2012 would be the last date to respond and the HGU attorney submitted HGU’s response on that date.

SEVP is in error on their website when they state “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.”

The HGU attorney is authorized to take all legal action to remedy this situation for the students and school.

Now the question is who is right and who is wrong? The ICE announcement yesterday is clearly announcing that HGU failed to answer and HGU is officially announcing they did answer. This should make a big difference especially for those on Cap-Gap.

Our law firm stands by the victims of this situation, and call on the authorities to do the right thing to prevent the HGU from suffering from another trauma like the Tri Valley University.

For more information call us at 510 7425887.


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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).