03 Jun 2019

Can a person be the beneficiary of an employment-based immigrant petition and a family-based immigration petition at the same time?

Answer Yes, a person can be the beneficiary of both a family-based and employment-based immigrant petition at the same time. The petitions will not likely interfere with each other. Whichever priority date becomes current first can serve as the basis of your I-485 filing. You should...

20 May 2019

I am in H-4 status and my H1B petition was approved for consular notification. Do I have to go to my home country to get my H1B visa stamp?

Answer Normally, one can apply for a visa "stamp" in any country, outside the U.S., where one is physically present. However, check the consulate's website before traveling, as some have unique rules for third-country nationals. Also, if you apply at a consulate other than the one...

13 May 2019

My H-4 extension was denied, and the denial notice say that I need to update USCIS within 33 days. I have a pending I-485 and a valid EAD/AP, so I no longer need the H-4 extension. Do I still need to respond to the denial notice?

Answer It is a common misunderstanding that the "33-day" period mentioned in a denial notice is a mandatory response deadline. In fact, this is the deadline to file an optional motion to reopen or to appeal a denial. It is not mandatory, does not provide any...

13 May 2019

My H1B cap case was selected in this year’s lottery and it is still pending. My OPT will expire soon. If I apply for a STEM OPT extension, will this impact my pending H1B change-of-status request?

Answer In general, no, this would not impact the H1B change-of-status request because OPT is not a status - one's status during OPT would still be F-1. Once an H1B change-of-status is approved, the F-1 status and corresponding OPT are terminated as of October 1st (or...