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...
... while waiting for the start date of my H1B employment on October 1st, based on the approved petition. However, I no longer intend to work for the petitioning employer and would like to apply for a 24-month OPT extension, based on my STEM degree....
Answer The NIW and the J-1 (Conrad) waivers serve two different purposes. The NIW is a green card filing that waives the requirement of a PERM labor in the GC process. The Conrad 30 waives the J-1 2-year home residency requirement (HRR) for physicians. People subject...
... After I applied for a 24-month OPT extension, based on my STEM degree, the USCIS issued a request for evidence (RFE) asking for proof that my first-year OPT employment directly related to my degree. What should I do? Answer To show that the OPT employment is...
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...
... However, I previously obtained a degree in a STEM field in the U.S. while I was in H-4 status. Can I apply for a 24-month STEM OPT extension based on that degree? Answer Yes, you may use your previous STEM degree as a basis for your...
Answer No. Volunteering during the STEM OPT extension is not allowed. Your employer should be paying you wages comparable to the wages received by other workers who are similarly situated. (13.May.2016)Questions frequently reach us from students on a variety of matters. This is a sample question,...
Answer An employer could start the GC process for a person in F-1/OPT, but there is not enough time to complete the process with only 7 months of OPT left. The PERM LC could get filed in that time, but not approved. Once your OPT is...
Answer Under the May 10, 2016 STEM OPT rule, students in designated STEM fields are eligible for the 24-month extension of their first 12 months of post-completion OPT. During the 24-month extension period, the student must report to their DSO every 6 months verifying their employment...
… I heard that, under the 24-month STEM OPT rule, I can extend my OPT based on a previously attained STEM degree. What are the eligibility criteria for such an extension? Answer Under the 24-month STEM OPT extension rule, a student is eligible for two lifetime STEM...
