Answer Generally speaking, it is permissible to stay in the U.S. based upon a timely filed request to change status. Thus, if the H-4 is properly filed while still holding F-1, it is possible to stay and wait for the H-4 decision without continuing to comply...
Answer An F-2 dependent may enroll in an academic program on less than a full-time basis. If one would like to enroll on a full-time basis to complete a degree program, s/he should file an I-539 form to change status from F-2 to F-1. One is...
Answer A student returning to the U.S. without all of the required travel documents may be denied entry. However, immigration inspectors have discretion to admit students in these cases for up to 30 days with a I-515A form. In such cases, in order to convert 30-day...
Answer It is possible to travel while the H1B is pending. However, the request to change status will be abandoned. This means that, in order to actually change to H1B, it would typically be necessary to travel again and request the H1B visa 'stamp' at the...
Answer Since you are on cap-gap, the SEVIS is still active. Thus, there would not be a new SEVIS number with the new school. Rather, the school would transfer the SEVIS record if accepted. This would not impact the H1B, as it is simply a continuation...
Answer The visa is a travel document, only. Status is determined (usually) by the I-94. For students, the I-94 says d/s (which stands for 'duration of status'). So, status is governed by the I-20. If the OPT is expiring and there is no eligibility for a...
... and my husband is now ready to file his application for adjustment of status (I-485 form). If I file my I-485 as his derivative beneficiary, will it terminate my OPT authorization? Answer Generally, an F-1 student does not lose eligibility for F-1 benefits just because s/he...
Answer Yes. A person in H-4 can go to school (full time or part time) without impacting the EAD. The EAD provides work authorization, but it does not obligate the H-4 spouse to actually be working. And, it certainly does not impact the ability of an...
Answer You should discuss your situation with your DSO and inform him/her about having to be outside of the U.S. for an extended period. Since you have to leave the U.S. for five months or more, you will need to come back to the U.S. with...
... after one year to obtain another master's degree in computer science. My classmate told me that I could apply for another 12-month period of OPT because my absence from the U.S. for five months or more between the two programs has restarted the clock...
