Answer The status of a person who extends H1B after an AP entry is H1B, with an AOS pending. The H1B extension would return the person to H1B status, but would not disrupt the pending I-485. (16.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Yes, it is absolutely fine to have both an FB and EB case at the same time. In fact, it is often a good idea to file whatever one may be eligible to file, as immigration priority date movements are often unpredictable. (16.Jun.2014)In frequent sessions...
... based on the cap gap extension of F-1 status with employment authorization. Unfortunately, my H1B has just been denied because of the lack of evidence of control of the employee by the employer. How does this denial of the H1B petition affect my F-1...
Answer Yes, a change in the degree objective should be reported to the DSO within 21 days. The DSO will make all necessary updates in your SEVIS record to reflect the change in your major. The updates will also include your new financial obligation. The DSO...
Answer The sixty-day deadline for comments was listed in a recent MurthyDotCom NewsBrief. Nothing can happen before then. After that, it depends upon whether any changes need to be made as the result of the comments - whether any issues are raised there that make the...
Answer The first 12 months of OPT does not require an e-verified company. It is the 17-month STEM extension that requires an e-verified company. So, if one has a qualifying STEM degree, s/he could apply for the extension if the employer becomes e-verified by the time...
Answer The H-4 is spouse / parent-specific, not company-specific. So, they don't HAVE to refile every time the H1B primary changes jobs. However, in many cases the H-4 extension is done as a matter of practice, to be careful, as it can be difficult to keep...
Answer The AC21 provisions for extensions are only for H1Bs. There is nothing like that for L1A/B - those categories are limited to the allowed 7- or 5-year periods. (09.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer The OPT time does not work like H1B time. Unless the shortened use of OPT was planned, so that the I-20 supported only a partial timeframe, the OPT is 'use it or lose it.' (02.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer The EAD provides unrestricted employment authorization. So, a person could use it to start a business and employ any other work-authorized person. Assuming the EAD is based upon an employment-based GC case, it is important to make sure there is a GC-qualifying job, so that...
