10 Jul 2017

I am on OPT and my H1B petition was selected in the lottery. However, the project my H1B was filed for is about to end. If an RFE is issued, do I have any options? Can I move to a different project?

Answer One in this situation should consult a competent attorney for individualized advice. However, this is a serious problem and will frequently lead to denial of the H1B petition. One possible option may be to find a new client in the same metropolitan statistical area (MSA)....

19 Jun 2017

I am in H1B status. Can I file two change-of-status applications at the same time – one for H-4 status, and the other for F-1?

Attorney There is nothing prohibiting multiple filings. However, the general rule is that the last approval will govern one's status. So, once the desired application is approved, it is important to withdraw the unwanted application, to avoid ending up in the "wrong" (unwanted) status. Unfortunately, even...

12 Jun 2017

Can a one-year, online master’s program be used to qualify for the H1B master’s cap? Can the degree be used to qualify for an EB2 position?

Answer A master's degree from an accredited public university would normally be acceptable for both purposes, regardless of whether or not the classes are taken online. (12.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

09 Jun 2017

Can you please explain whether an academic degree obtained from a university that was accredited at the time the degree was awarded, but later lost its accreditation, …

... is still considered to be an accredited degree? Can such a degree be used to apply for immigration benefits requiring an accredited degree? Answer A degree conferred by an accredited school remains an accredited degree even if the school later loses its accreditation. The USCIS recently...

26 May 2017

I’ve been working on the initial optional practical training (OPT) in F-1 status. I’m applying for the 24-month STEM OPT extension with my employer. We are now in the process of filling out the I-983 form, which I need to give to my DSO so that she can recommend the STEM extension and give me a new I-20 to send to the USCIS together with my application. …

... My employer says that we should put the company’s headquarters address in response to the question about the name and the address of the actual work site. Would this be acceptable? I’m working at different client sites for relatively short periods of time and...

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...