12 May 2017

I am in F-1 status and I have been working on initial OPT that is about to expire. My employer filed a cap-subject H1B petition in the first week of April and the USCIS issued a receipt notice for it. …

... Because of the pending H1B petition, my SEVIS record was automatically updated showing a cap-gap period until Sep 30th. I would like to apply for the 24-month OPT STEM extension, just in case my H1B petition will not be approved. Can I do that? Answer According...

08 May 2017

I worked for one year in H1B status in 2010. But, I then moved to H-4 status and my H1B petition was revoked. Can I move back to H1B status now without going through the lottery again?

Attorney In general, one in this situation is cap exempt, unless the H1B was revoked by the USCIS for fraud or misrepresentation. (08.May.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...

08 May 2017

I have an approved EB3 I-140 with a 2010 priority date. My wife is now being sponsored for an EB2 position. Can she use my priority date?

Answer No, generally speaking, a priority date cannot be transferred from one spouse to the other. (08.May.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 more FAQs...

05 May 2017

My STEM OPT application has just been denied. I would like to file a motion to reopen and/or reconsider the denial. I also would like to transfer to another program, just in case the motion is not successful, since I am still in valid F-1 status based on the 60-day grace period. Is there any issue with my plan?

Answer Unfortunately, if you transfer to another program of study, your motion will become moot because it will no longer be possible for you to engage in OPT, as it will no longer follow the completion of your previous degree. (05.May.2017)Questions frequently reach us from students...