Attorneys Law Firm Practicecontact us
31 Aug 2023

I am in H-4 status and am enrolled in university as a full-time student. To be eligible for OPT after I graduate, do I need to be enrolled full time in F-1 status for a full year?

Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement does...

09:27 / F-1 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Student
20 Jul 2023

My application for optional practical training (OPT) was recently denied, and I wish to file a motion to reopen and/or reconsider the denial. As a backup option, in case the motion is not successful, can I also transfer to another program of study?

Answer Ordinarily, if you transfer your F-1 SEVIS record to another program of study, you will no longer be eligible for OPT based on your previous degree. Therefore, even if the denial decision was issued in error, the USCIS would normally not be able to reopen...

06:50 / FAQs / For Individuals / Student
08 Jun 2023

I applied for OPT and received a notice indicating that the I-765 application had been approved. However, I still have not received my EAD. Can I start working now?

Answer Generally speaking, one must have the approved EAD prior to commencing OPT employment.  (08.Jun.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 FIRM. All Rights...

07:46 / F-1 / FAQs / For Employers / For Individuals / Student
01 Jun 2023

I am on F-1 and my husband is on H1B. I am applying for a change of status to H-4. Do I have to continue my F-1 studies until the change of status is approved?

Answer Typically, there is no requirement for the F-1 student to remain in school once an application to change status to H-4 is properly filed.  (01.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

16:59 / F-1 / FAQs / For Families / For Individuals / Student
04 May 2023

I am on OPT, and I was not selected in this year’s H1B lottery. My employer suggested transferring me to their office in Canada, having me work there for a year, and then bringing me back on L-1. Is this a realistic option?

Answer There are three basic requirements to qualify for L-1: (1) the foreign entity and U.S. entity must have common ownership and control; (2) the person must work in an executive, managerial, or specialized knowledge position for the related entity abroad for at least one year;...

09:07 / FAQs / For Employers / For Individuals / Student / Worker
16 Feb 2023

After completing my undergraduate degree in the U.S., instead of using OPT, I moved directly to a master’s program. When I complete this, can I use the OPT period from the bachelor’s plus the OPT period from the master’s program?

Answer No. If OPT is not used following the completion of one program, that OPT period cannot be added to OPT available through the completion of a subsequent program. (15.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

08:27 / FAQs / For Individuals / Student
26 Jan 2023

After completing my master’s degree in Computer Engineering, I worked on OPT for a while, and then switched to H1B. If I enroll in an MBA program now, will I be eligible for OPT again after I graduate?

Answer A person typically qualifies for a new period of OPT after each educational level. The "master's" period of OPT would be exhausted after completing the Computer Engineering degree. So, a new period of OPT would not be available based on the completion of an MBA...

16:52 / FAQs / For Individuals / Student
05 Jan 2023

I just earned my MBA from a state university. I also have a bachelor’s in chemistry. I found an employer to sponsor me for an H1B position in the upcoming lottery, but the position is related to my degree in Chemistry, not my MBA. Can I still qualify for the master’s cap?

Answer To qualify for the master’s cap, one must have a master’s degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that...

07:04 / FAQs / For Individuals / Student / Worker
20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

09:41 / Family Based / FAQs / For Families / Immigrant Family / Resident / Student