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13 Jul 2018

I graduated with a master’s degree in F-1 status and worked on optional practical training (OPT) for a year. When my OPT was about to end, I transferred to another master’s program …

... and received authorization from my designated school official (DSO) for curriculum practical training (CPT) to continue working. Is this allowed? Should I be concerned about maintaining my F-1 status? Answer Generally, there is no restriction on CPT authorization (provided it meets all applicable requirements) when the...

14:03 / FAQs / For Employers / For Individuals / Student
09 Jul 2018

When an H1B change of employer to Company B is approved, is there a time limit to actually join Company B? Can one still continue with Company A?

Answer One generally can continue with Company A indefinitely, as long as Company A's H1B approval remains valid. Joining the new employer is never required. If one does not join Company B within 60 days, however, Company B is supposed to withdraw the H1B petition. (09.Jul.2018)In...

12:56 / FAQs / For Employers / For Individuals / Worker
06 Jul 2018

NewsFlash! USCIS to Place Far More Foreign Nationals in Removal Proceeding, Per New Memo

Thursday evening, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that appears to greatly expand the situations in which a foreign national is to be issued a notice to appear (NTA). An NTA is a charging document that initiates removal (i.e. deportation)...

10:16 / Citizen / For Employers / For Families / For Individuals / NewsBrief / Resident / Student / USCIS News / Visitor / Worker
11 Jun 2018

My current I-94 is valid through 2020, but I have an H1B amendment pending because of a change of client. Can I travel out of country and return while the petition is still pending?

Answer There is older USCIS guidance that permits travel while an amendment is pending, as long as the H1B visa "stamp" and the original H1B approval are unexpired. In the current environment, however, it generally is safer to await the approval to avoid uncertainty at the...

14:15 / FAQs / For Employers / For Individuals / Travel / Worker
11 Jun 2018

Can one have two I-140 petitions (one for EB2 and the other for EB3) pending at the same time? Will there be any RFE questioning the same?

Answer There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. An RFE is unlikely on this matter. (11.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

14:09 / Employment Based / FAQs / For Employers / Resident