14 Aug 2017

I am on H1B and have a pending I-485. I plan on moving to a new employer using AC21, and will work using my EAD, instead of H1B. Do I have to exit and reenter the country using advance parole prior to beginning at my new employer, so that I am not considered out of status?

Answer Travel would typically not be necessary. As soon as one leaves the H1B employer (without the filing of another H1B petition by the new employer), one is no longer in H1B status. But, based on the pending I-485, one generally would automatically fall into a...

07 Aug 2017

I have an approved I-140 with Employer A, and I am about to complete six years on H1B. Can I file for an H1B change of employer / extension with Employer B, even if the new H1B position is completely different from the I-140 position?

Answer In general, an approved I-140 can be used to extend H1B status beyond 6 years, regardless of the job or employer. (07.Aug.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...

04 Aug 2017

I have just graduated with a bachelor’s degree in political science in F-1 status. I would like to continue my education and get a master’s degree in my field. Do I need to obtain a new I-20 for this study?

Answer You must inform your DSO of your plans so that you can maintain valid F-1 status. Your DSO must issue a new I-20, based on your admission to the new program, and initiate the change-of-level procedure in SEVIS while you are still in your 60-day...

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