Answer First, it is important to understand whether the first case is for a cap-exempt employer; not all nonprofits are cap exempt. If the employer is not cap exempt (perhaps, that is why they are filing in April), there is no issue. If the employer IS...
Answer According to the general OPT rule, a student becomes eligible for a new 12-month OPT period based upon completion of a subsequent degree at a higher educational level. But, in some cases, such as yours, it is not entirely clear if the subsequent degree is...
Answer Generally, if a person previously held cap-subject H1B status, s/he would not be cap subject if filing for the remainder of the unused H1B time in the initial six-year period. The change of status to F-1 (or other nonimmigrant status, like H-4) does not make...
Answer A job title change alone would not require an H1B amendment, but a material change in the job duties DOES require an amendment. The LCA does not list duties, only location, title/classification, wage level and the like. The specific job duties are specified in the...
Answer Yes, it is almost always possible to add in all available time for which one is eligible when filing an H1B petition (up to the 3-year maximum). So, if a person is eligible for an extension of one year because of a PERM filing, the...
Answer If a person is maintaining H-1 status, while also having an I-485/EAD/AP, s/he CAN change jobs on H-1. It is just like any other H1B filing through a new employer. The GC case can continue in parallel if the new job qualifies under AC21 as...
Answer Under the regulation, "[i]n the case of an F-1 student authorized to engage in post-completion optional practical training (OPT), the student must be able resume classes within 5 months of transferring out of the school that recommended OPT or the date the OPT authorization ends,...
Answer No. Unfortunately, even if you had two majors, one of which was designated as a STEM degree, but the initial OPT was based on a non-STEM degree, you would still not be eligible for the STEM extension. According to SEVP policy guidance, "[i]f a student...
Answer: If a person applies for a change of status in the U.S. and it is denied, s/he generally would still keep the existing nonimmigrant status. This presumes that the person continues to qualify for, and comply with, the terms of the status that s/he is...
Answer: It is possible to ask for additional H1B time, based upon recapture, whenever one's employer (or new employer) files the H1B petition. The expiration date on the nonimmigrant visa would not be changed as part of the H1B petition filing. The foil (commonly, "stamp") is...
