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...

23 May 2016

When my husband’s employer extended his H1B status, they did not apply to also extend my H-4 status. I didn’t realize this until after my I-94 had expired. We hired a lawyer to file a nunc pro tunc, but 8 months later, the request was denied. What should I do now?

Answer Let's take this opportunity to remind everyone that H-4s are not automatically extended with the H1B filing! Also, if the error was discovered before you accumulated 180 days of unlawful presence, it typically would be very bad advice to simply file an NPT, wait, and...