Answer You should be eligible for the 60-day grace period in F-1 status as long as your STEM OPT was not denied due to an F-1 status violation. While you are in your grace period, you may transfer your SEVIS to another program of study or...
Answer Unfortunately, one generally must be physically in the United States to apply for an H-4 EAD. In many situations, however, it is possible to leave the U.S. while the H-4 EAD application is still pending. (28.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer If you wish to withdraw a pending application or petition, we typically recommend that the withdrawal notice be sent to the USCIS service center that issued the receipt notice. (21.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Under the contiguous territory rule (also known as automatic visa revalidation or AVR,) a foreign national may be readmitted to the U.S. after traveling to Canada or Mexico for no more than 30 days. A more detailed explanation of this program is available in the...
Answer Yes, a stepchild of a U.S. citizen does not need to apply with their noncitizen parent. However, you need to establish a child-parent relationship with your stepfather. (21.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...
Answer If your brother’s I-130 indicated that you would apply for adjustment of status in the U.S., he should file a form I-824 to have the U.S. Citizenship and Immigration Services (USCIS) transfer it to the National Visa Center (NVC). If the I-130 indicated you would...
Answer Yes, if the position meets the standard AC21 requirements, it is feasible to port one's case to a position that involves self-employment. Before doing so, however, it probably would be a good idea to discuss this with an attorney. (14.Aug.2024)Sheela Murthy and other senior attorneys...
AnswerYou may be able to show exceptional ability in lieu of an advanced degree or qualify based on an equivalency evaluation of your foreign degree or a combination of your degree/s and experience. However, once you establish exceptional ability or an equivalent to an advanced...
Answer A PERM labor certification is for a future offer of employment. So technically, your prior employer could file the I-140 on your behalf, if that employer intends to rehire you in the future for the position laid out in the PERM. (07.Aug.2024)Sheela Murthy and other...
