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17 Jul 2017

I applied for a change of status from B-2 to H-4 right before my I-94 expired. It has now almost been 180 days, but my application is still pending. Do I need to leave before I reach the 180-day mark?

Answer Normally, one who has timely filed a change-of-status application is in a "period of authorized stay" until a decision is issued, regardless of how long it takes. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

11:35 / FAQs / For Families / Nonimmigrant Family / Visitor / Worker
19 Jun 2017

I am in H1B status. Can I file two change-of-status applications at the same time – one for H-4 status, and the other for F-1?

Attorney There is nothing prohibiting multiple filings. However, the general rule is that the last approval will govern one's status. So, once the desired application is approved, it is important to withdraw the unwanted application, to avoid ending up in the "wrong" (unwanted) status. Unfortunately, even...

13:43 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Student / Worker
08 May 2017

I worked for one year in H1B status in 2010. But, I then moved to H-4 status and my H1B petition was revoked. Can I move back to H1B status now without going through the lottery again?

Attorney In general, one in this situation is cap exempt, unless the H1B was revoked by the USCIS for fraud or misrepresentation. (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...

15:08 / FAQs / For Families / H1B / Nonimmigrant Family / Worker
13 Jan 2017

I am a student in F-1 status and my wife is my F-2 dependent. I am working on OPT that expires in July. My employer is filing an H1B petition for me with an October 1st start date. …

... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD.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...

13:57 / F-2 Dependent / FAQs / For Families / H1B / Nonimmigrant Family / Worker
09 Jan 2017

I am on OPT and will be filing for H1B this year. If the case is approved, will I need to go for stamping? If not, can my dependent still go for stamping, since she is outside the U.S.?

Answer In general, a visa "stamp" is only required for purposes of reentering the U.S. after foreign travel. Otherwise, one can change status within the U.S. One's dependent typically should be able to receive an H-4 "stamp" in this scenario. (09.Jan.2017)In frequent sessions of our Chat,...

13:57 / F-1 / FAQs / For Families / Nonimmigrant Family / Student / Travel / Worker
02 Dec 2016

My husband and I are full-time students in F-1 status. We are currently expecting our first child. After the birth of our baby, I would like to reduce my course load to part-time, but continue to take classes towards my master’s degree. Is this permitted?

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,...

19:47 / F-1 / F-2 Dependent / FAQs / For Families / Nonimmigrant Family / Student