Answer This is not affected by any of the executive orders. We have been seeing a higher rate of 221(g) refusals, however, even before these orders. Greater scrutiny is possible if the new administration chooses to do so. (30.Jan.2017)In frequent sessions of our Chat, Sheela Murthy...
Answer This is unclear. There have been rumors of potential changes to the STEM OPT program. However, STEM OPT is a formal regulation, and would require action by Congress, or a (lengthy) formal rulemaking process. (30.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
... My B-2 expires in a few days. I know I should not start my program of study until the USCIS approves my request for change of status to F-1. If the USCIS does not approve my F-1 status by the start of my program...
Answer Puerto Rico is a U.S. territory. This generally would be considered domestic travel, and one typically would not need a valid visa "stamp;" just a valid ID to board the plane is all that normally would be needed. (23.Jan.2017)In frequent sessions of our Chat, Sheela...
Answer To file for AOS, there must still be a valid offer of employment from the I-140 sponsor (and normally an updated offer of employment letter to submit with the I-485.) In most circumstances, if the I-140 position is not still available, the I-485 cannot be...
Answer Based upon the most recent guidance, there appears to be no time limit to reclaim H1B time. So, this should be possible. (23.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer It depends upon whether the H1B was filed through a cap-exempt employer. Just because a company is a nonprofit, does not automatically make it cap-exempt; rather, this only applies to universities and their nonprofit affiliates, as well as government and nonprofit research institutions. Assuming the...
... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD. If my wife does not file her application for...
Answer Generally speaking, a person with an H-4 EAD may apply for unemployment benefits, assuming s/he otherwise qualifies. (09.Jan.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...
Answer Generally, a start-up may sponsor workers for green cards. But, like all other companies, an 'ability to pay' the foreign worker being sponsored likely will be required. Depending on the circumstances, this can be a bit more challenging to prove for a new company. (09.Jan.2017)In...
