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...

01 May 2017

I have an approved I-140 from my current employer. Do I need to remain with this company while waiting to get my green card? Or, can I work for a different company and then return to this employer once my green card is issued?

Answer An approved I-140 is technically always for future employment, meaning one can join the green card sponsor when the green card is approved, if the offered job is still available. (01.May.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

28 Apr 2017

I am currently working in F-1 status on STEM OPT that will expire in late May. My employer filed my H1B petition for the start date of October 1st with a request for change of status to H1B for me. …

... If my petition is denied, will I still be able to transfer to another program to continue in F-1 status? Answer You should be eligible for the cap-gap benefit extending your F-1 status with employment authorization beyond the expiration of your STEM OPT and until September...