Answer H-4 and H1B are two different visa statuses. One can only hold one status at a time. A person in H1B status may not work using an H-4 EAD and vice versa. (12.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
... Prior to the expiration of my EAD, I applied for the 24-month OPT STEM extension, which has just been denied. My attorney says that the decision was incorrect and that we should file a motion to reopen / reconsider the denial. To be sure...
Answer One's H1B clock is "reset" only if one is outside the US for 365 days AND is the beneficiary of a cap-subject H1B petition (i.e. Filing through the H1B lottery, again.). A petition to recapture unused H1B time does not reset the clock. (05.Dec.2016)In frequent...
Answer Generally speaking, so long as the H1B petition is filed before the expiration of the OPT, the beneficiary would be covered by cap-gap. (05.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer It appears that the grace period will apply after January 17th, regardless of when the H1B was approved. (05.Dec.2016)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...
Answer In general, a new I-485 is not required. What is needed is an "interfiling" request for the new I-140, in order to 'swap' it with the EB3 I-140. (05.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer To be able to take classes on a part-time basis, you may need to apply for a change of status from F-1 to F-2 as a spouse of an F-1 student. Individuals in F-2 status are permitted to enroll in less than a full-time study,...
Answer In general, a PERM and I-140 are tied to a particular employer / job. A new job normally requires a new PERM / I-140, unless the I-485 application has been pending for 180 days and "portability" is available. (28.Nov.2016)In frequent sessions of our Chat, Sheela...
Answer The new automatic EAD extension only applies in situations where no other approval is required. For H-4 and L-2 EADs, approval of the underlying status is required first, so the automatic extension is not available. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Answer An employment letter, valid F-1 visa, updated I-20, and the actual OPT card are required for reentry. This is generally a routine process, and is not at all uncommon. Applying for an F-1 visa while in OPT may present some greater risks however. (28.Nov.2016)In frequent...
