Attorneys Law Firm Practicecontact us
07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

06:52 / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
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
31 Aug 2023

My H1B extension was filed prior to my I-94 expiring. The USCIS issued an RFE on the petition and my employer is responding to it soon. My I-94 recently expired. If the extension is denied, how long of a grace period will I get?

Answer Unfortunately, if the H1B worker's I-94 has already expired by the time the USCIS denies an extension, there generally is no grace period. Rather, the person typically begins to start accruing unlawful presence immediately following the issuance of the denial. (31.Aug.2023)Sheela Murthy and other senior...

09:24 / FAQs / For Employers / For Individuals / Worker
24 Aug 2023

Many years ago, I was in the U.S. as an E-2 spouse. At the time, I was issued a Social Security Number. If I return to the U.S. now, can I work based on my Social Security Number?

Answer Having a Social Security Number does not necessarily mean a person is authorized to work in the United States. Unless a foreign national is in a status that provides work authorization, such as L2S or an E-2 spouse, that individual generally is not permitted to...

06:45 / FAQs / For Individuals / Worker
24 Aug 2023

My registration was selected in the first lottery; however, my project fell through, so the employer did not file an H1B petition for me. Since there now has been a second lottery, if a project is available, could that employer use my registration selection from the first lottery to file an H1B for me?

Answer No, it generally would not be permissible to file an H1B petition now based on an unused registration selected in the first lottery. (24.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

06:41 / FAQs / For Employers / For Individuals / Worker
17 Aug 2023

I last entered on advance parole. My online I-94 shows my class of admission as “DA” and it expires in a few months. What does DA mean, and do I need to apply for an extension?

Answer DA is the class of admission generally granted to someone who is admitted on advance parole. Assuming your I-485 is still pending, there typically would be no need to take any action based on the expiration date listed. (17.Aug.2023)Sheela Murthy and other senior attorneys provide...

06:50 / FAQs / For Individuals / Resident / Travel