Answer As a general rule, people who are subject to the 2-year HRR cannot change status from within the United States. But, they may be eligible to obtain certain visas from outside the U.S. to allow for a status change through consular processing. (11.Apr.2016)In frequent sessions...
Answer There is an automatic visa revalidation / contiguous territory rule that generally allows for such travel without getting a new visa. If status has been maintained and the person has a valid I-94, reentry is allowed following brief trips (30 days or less) to Canada/Mexico without...
Answer The I-485 could still be filed in this situation, once the date became current. But, it is not clear why the F-1 is needed. H-4 dependents can attend school. In most situations, the only reason for a dependent child to move from H-4 to F-1...
Answer H-4 status and H-4 EADs are generally granted for the same duration of the principal worker's H1B status. (11.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...
The finalized STEM optional practical training (OPT) rule goes into effect on May 10, 2016. The revised regulations allow for a 24-month OPT extension for students with qualifying STEM degrees. Background: Replaces Vacated STEM OPT Regulations As explained in the MurthyDotCom NewsBrief, STEM OPT Could End in...
... I received an employment offer from a prospective employer who has filed an H1B petition for me with a start date of October 1st, based on my previous degree. Will I be eligible for the cap-gap extension of my F-1 status, so that I...
The U.S. Citizenship and Immigration Services (USCIS) announced today that the H1B cap limit for fiscal year 2017 (FY17) has been reached. This applies to both the 65,000 regular H1B cap limit as well as the 20,000 advanced degree (masters) cap exemptions.As the H1B case...
On March 18, 2016, the U.S. Citizenship and Immigration Services (USCIS) issued the finalized policy memorandum on determining whether a new job is the same or similar in the context of a job change pursuant to the American Competitiveness in the Twenty First Century Act (AC21)....
This MurthyDotCom article has been updated. Please find the updated version here....
From the birth of the United States, immigrants have journeyed to our shores to chase their dreams and build a better life. The struggles and triumphs of these individuals and their families, generation after generation, are an integral part of our nation's history and identity....
