There is broad agreement among academics and policy wonks - on both sides of the aisle - that comprehensive immigration reform (CIR) will produce a welter of economic benefits for the U.S. economy. Yet, in the months since June 2013, when the Senate passed its...
The U.S. Department of Homeland Security (DHS) system for filing and tracking Freedom of Information Act (FOIA) requests has recently been improved. A FOIA request is a powerful tool used to obtain case-specific government records and other internal government documents. FOIA requests submitted to the...
Noted immigration lawyer, Sheela Murthy, returned to Cambridge, Massachusetts, March 6th and 7th, as a member of the Harvard Law School Visiting Committee, also known as the Dean's Advisory Council. A 1987 alumna of Harvard's Masters of Laws (LL.M.) program, Murthy went on to become...
The U.S. Government Accountability Office (GAO) issued an extensive report in February 2014 regarding the oversight of the optional practical training (OPT) program for F-1 and M-1 foreign students. In the report, the GAO concludes that there is a need for additional risk assessment and...
The biggest reward for fixing our immigration system is also the most obvious: finally getting a modern immigration infrastructure, one that reflects the myriad ways the world has changed since the last major overhaul. That's a reward unto itself, but as economists and policy experts...
Answer Generally, if a person previously held cap-subject H1B status, s/he would not be cap subject if filing for the remainder of the unused H1B time in the initial six-year period. The change of status to F-1 (or other nonimmigrant status, like H-4) does not make...
Answer A job title change alone would not require an H1B amendment, but a material change in the job duties DOES require an amendment. The LCA does not list duties, only location, title/classification, wage level and the like. The specific job duties are specified in the...
Answer Yes, it is almost always possible to add in all available time for which one is eligible when filing an H1B petition (up to the 3-year maximum). So, if a person is eligible for an extension of one year because of a PERM filing, the...
Answer If a person is maintaining H-1 status, while also having an I-485/EAD/AP, s/he CAN change jobs on H-1. It is just like any other H1B filing through a new employer. The GC case can continue in parallel if the new job qualifies under AC21 as...
Answer Under the regulation, "[i]n the case of an F-1 student authorized to engage in post-completion optional practical training (OPT), the student must be able resume classes within 5 months of transferring out of the school that recommended OPT or the date the OPT authorization ends,...
