15 Oct 2015

Progress in Reimplementation of STEM OPT Rule

As previously reported (02.Oct.2015), the U.S. Department of Homeland Security (DHS) submitted a new proposed rule on STEM optional practical training (OPT) for review by the Office of Management and Budget (OMB). Notice of the submission is available online, but, at present, no specifics regarding the...

12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...