17 Jul 2017

I am in H1B status and I have an approved I-140. If I move to H-4 EAD, will that impact my GC case?

Answer The I-140 and associated priority date would not normally be affected by a change in nonimmigrant status. (17.Jul.2017)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 here.Access...

17 Jul 2017

I am on OPT cap gap. My H1B petition was selected in the lottery, but an RFE was issued. If the case is still pending beyond September 30th, can I continue to work?

Answer Generally speaking, one on F-1 cap gap may not continue to work beyond September 30th of that year until and unless the H1B change-of-status petition is approved. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

17 Jul 2017

I applied for a change of status from B-2 to H-4 right before my I-94 expired. It has now almost been 180 days, but my application is still pending. Do I need to leave before I reach the 180-day mark?

Answer Normally, one who has timely filed a change-of-status application is in a "period of authorized stay" until a decision is issued, regardless of how long it takes. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

14 Jul 2017

Federal Judge Expands List of Qualifying U.S. Relatives for Exemption to Travel Ban

On Thursday, July 14, 2017, a federal district court judge issued a preliminary injunction, preventing the Trump Administration from imposing the travel ban on those who have "…grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States." This expands...

12 Jul 2017

Two IndianAmericans Honored With Prestigious Award

New York City has long been an iconic destination for immigrants crossing over to our shores to begin a new life. The Statue of Liberty towering over the New York Harbor, with its inscription inviting "huddled masses yearning to breathe free" has welcomed millions of...

10 Jul 2017

I am on OPT and my H1B petition was selected in the lottery. However, the project my H1B was filed for is about to end. If an RFE is issued, do I have any options? Can I move to a different project?

Answer One in this situation should consult a competent attorney for individualized advice. However, this is a serious problem and will frequently lead to denial of the H1B petition. One possible option may be to find a new client in the same metropolitan statistical area (MSA)....