21 Feb 2024

I am in F-1 status and my wife is in F-2. I found an employer to file an H1B registration for me this year. Does anything need to be filed for my wife during the registration period?

Answer No, there normally is nothing that would need to be filed for the H1B principal's dependents during the registration period. (21.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

14 Feb 2024

I am on OPT and am in the process of applying for an OPT extension. The F-1 visa in my passport, however, is scheduled to expire in a few months. Is that going to create a problem with my request to extend my OPT?

AnswerThe expiration date of the F-1 visa in one's passport typically has no impact on the F-1 status. The F-1 visa is an entry document. It generally must be valid when the person is requesting admission in F-1 status. But, if the person is already...

11 Jan 2024

My change-of-status application to F-1 was recently approved, but the I-94 expiration date just says, “duration of status.” Is this an error? When does my status expire?

Answer Foreign nationals in F status do not have a specific expiration date noted on their I-94s, as they are admitted for duration of status (D/S). These individuals maintain their nonimmigrant statuses as long as they comply with the terms and conditions of their respective classifications...

07 Dec 2023

When I filed my I-140, I had to list my daughter on the form. Will this harm her chances of getting an F-1 student visa?

Answer No, this normally would not impact an applicant's chances of being issued an F-1 student visa. (07.Dec.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2023, MURTHY LAW...

09 Nov 2023

I am currently on STEM OPT, and my H1B cap case was just approved through the same employer. While on STEM OPT, I was paid a lower wage than the prevailing H1B wage, but now that the H1B has been approved, I am being paid the correct amount. Will this be a problem in the future?

Answer The H1B prevailing wage requirements generally do not go into effect until the H1B petition is approved. So, this typically would not create any issues. (08.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...