13 Jun 2016

I am on OPT. Can my employer initiate an EB2 case for me now? If so, can the case be filed for premium processing so that I don’t need to apply for H1B next year?

Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

06 Jun 2016

If the photos submitted with my EAD/AP application do not meet USCIS requirements, would the USCIS deny the application?

Answer Typically, the USCIS would just send an RFE for photos that comply with USCIS requirements. (06.Jun.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 here.Access more FAQs...

27 May 2016

I own a small company that is currently employing several F-1 students on initial OPT. One of our F-1 employee’s OPT will be expiring next month and we would like to extend it, based on his STEM degree. What do we need to do to initiate this process?

Answer An employer and a sponsored student employee should prepare and complete the I-983 form, which describes the student's training plan in a field directly related to his/her STEM degree, and which contains specific attestations regarding the employer's understanding of and adherence to the STEM OPT...