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...
Answer: Individuals with properly filed I-485s are considered to be in a period of authorized stay in the U.S. Thus, there is no requirement to keep the nonimmigrant status. Moreover, in this example, there is a conflict between any claim to be a visitor and the...
Answer: The end client's refusal to give the letter makes the H1B case more difficult. We DO successfully file H1B cases for consultants using other proof of the end-client project - contracts, SOWs, purchase orders, etc. And, if there is enough other proof of what the...
Answer: No. While it is true that you should be in valid status during the 60-day grace period upon the expiration of your initial OPT employment authorization, a timely filed STEM extension application has to be filed (i.e. received by USCIS) prior to the expiration of...
Answer: To be really safe to legally remain on H1B status, without interruption, the PERM case should have been started much earlier. Ideally, the employer should have taken steps to file the PERM at least 365 days before the H1B six-year expiration point. Since it is...
Answer: A person who had an H1B petition approval in 2007, but did not use all the six years of time, should be able to have an employer file a new H1B case and not have to be counted against the H1B cap or have to...
Answer: An employer can file an H1B petition for an individual who is outside of the U.S. Such cases are filed for consular processing, not as an extension of status. These cases can be filed as long as the person is eligible for more H1B time....
Answer: Congratulations on reaching the stage when your priority date is current, allowing you to file the I-485 and obtain an EAD. The EAD provides unrestricted employment authorization. Hence, a person is allowed to do two (or more) jobs with the EAD. However, in order to...
... I would like to challenge the denial by filing a motion to reopen or reconsider this decision, but I am very concerned that I will be staying in the U.S. without lawful status now, that my STEM OPT was denied. Can I transfer to...
