Answer The visa foil is just an entry document; one’s valid F-1 status is governed by the SEVIS database. A valid visa foil is not required for a new program. It will only be necessary if one seeks to reenter the U.S. after foreign travel. (26.Jan.2023)Sheela...
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...
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...
Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022)Sheela Murthy and other...
Answer Generally speaking, yes, it is possible to be self-employed during the initial OPT period, even if the position is unpaid. (24.Aug.2022)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...
Answer Having a pending I-485 would not automatically prevent a person from applying for a change of status to F-1. But, the USCIS would likely deny the F-1 application based on immigrant intent. (24.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer If you earn a U.S. master's degree from a qualifying university, you normally would qualify for the master's cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master's cap. (03.Aug.2022)Sheela Murthy and...
Answer No, there normally would be no need to file an application with the USCIS to move in F-1 status from a bachelor's program to a master's program. (20.Jul.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer No, unfortunately, it typically is not possible to update a pending F-1 change-of-status application based on a new program of study. Assuming you have already turned 21 (and therefore are no longer eligible for H-4 status through a parent), filing a new application to change...
Answer Ordinarily, if you are not physically in the United States, U.S. immigration law would not limit your ability to work for a U.S. employer. This would typically apply, regardless of whether the person has a valid EAD. (30.Jun.2022)Sheela Murthy and other senior attorneys provide guidance...
