15 Jul 2020

My H1B cap case was filed for consular processing, and it was approved last week. My F-1 OPT expires next month. Is there a way to move to H1B status without having to leave the U.S.?

Answer One in this situation could attempt to have the company file an H1B petition, requesting a change of status to H1B. However, there are some legal issues to this strategy that first should be discussed with a qualified attorney. (13.Jul.2020)Sheela Murthy and other senior attorneys...

09 Jun 2020

Is it true that President Trump is about to issue an executive order to stop all H1B filings?

Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According to...

28 May 2020

Are there any updates on President Trump issuing an executive order to restrict H1B workers? Will it impact my H1B cap case?

Answer Forbes reported today that the Trump Administration is expected to issue an executive order "soon" that would impact certain high-skilled nonimmigrant workers. The presumption is that, if such an order were to be issued, it would focus on foreign nationals requesting admission, as opposed to...

28 May 2020

I read that the USCIS is going to resume in-person biometrics appointments soon. Does that mean the consulates are also being opened for visa appointments?

Answer The consulates are run by the U.S. Department of State (DOS), not the USCIS. So, the USCIS announcement has no impact on the consulates.The U.S. consulates across the globe likely will not all open at the same time. Rather, the U.S. consulates in each country...

23 Jan 2020

I am on OPT, and my current employer is going to submit an H1B registration for me in March. If I travel outside the U.S. while the registration is pending, will that be an issue?

Answer International travel would have no impact on a pending (or selected) H1B registration. Travel would only potentially be an issue if the registration is selected and the H1B petition is filed requesting a change of status. (23.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that...

26 Dec 2019

I am finishing a J-1 program and am subject to the home residency requirement. Prior to beginning the J-1, I lived in India. Once I am done with the program, however, I will be moving to live in Australia. If I live in Australia for two years, will that satisfy the home residency requirement?

Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

31 Oct 2019

My STEM OPT was approved through July 2021. My H1B was selected in this year’s lottery, but it was just denied. Can I keep working based on my STEM OPT?

Answer Normally, an H1B change-of-status denial would have no impact on one's current status or eligibility to continue working in STEM OPT. (30.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more FAQs here. Copyright...

24 Oct 2019

I had about 20 months left of STEM OPT time remaining, when my H1B change of status was approved. Is it possible to go back to my STEM OPT, use the remaining time, and then return to H1B status?

Answer Once a person has started working pursuant to STEM OPT and then changes to H1B status, any remaining STEM OPT time generally is abandoned. (23.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...