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24 Oct 2019

I had about 20 months left of STEM OPT time remaining, when my H1B change of status was approved. Is it possible to go back to my STEM OPT, use the remaining time, and then return to H1B status?

Answer Once a person has started working pursuant to STEM OPT and then changes to H1B status, any remaining STEM OPT time generally is abandoned. (23.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

11:29 / FAQs / For Individuals / Student / Worker
24 Oct 2019

I am in H1B status, my wife is in H-4 status, and my son is a U.S. citizen. We just moved to a new address. Can I fill out one AR-11 for the entire family?

Answer Generally speaking, a separate AR-11 must be filed for each non-exempt family member. (i.e., No AR-11 is needed for the U.S. citizen child.) (23.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

11:25 / FAQs / For Individuals / Worker
17 Oct 2019

My H1B petition was approved for consular notification. My employer listed Hyderabad as the consulate to be notified, but I actually live near the U.S. Consulate in Chennai. Is it ok if I apply for my H1B visa stamping in Chennai?

Answer Normally, it is possible to apply for an H1B visa "stamp" at a different consulate from the one listed on the H1B petition. This sometimes causes a delay in the visa being issued, but such delays typically are less than 2 weeks. (16.Oct.2019)Sheela Murthy and...

12:31 / Consulates / FAQs / For Individuals / Travel / Worker
17 Oct 2019

I am a U.S. citizen, and I sponsored my brother for a green card a number of years ago. He recently got married. Can I now sponsor his wife, as well?

Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, one does not need to file a separate petition for these family members. (16.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

12:28 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
17 Oct 2019

My husband is working in the U.S. in H1B status. I want to visit him periodically, but I need to stay in my home country most of the time because I am still at university. Can I apply for an H-4 visa, even though my trips will be fairly short? Or should I instead apply for a B-2 visa?

Answer Normally, there is no issue with the spouse of an H1B worker traveling back and forth using an H-4 visa, even for short trips to the U.S. It is possible to do this with a B-2 visa, as well; but, unlike B-2 visitors, a person...

12:25 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor / Worker
09 Oct 2019

My wife’s H-4 EAD application is pending. If I switch to a different H1B employer, will that create problems for her EAD application?

Answer A change to a different employer by the principal H1B holder normally has no impact on the spouse's pending H-4 EAD. (09.Oct.2019)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...

15:28 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
09 Oct 2019

When I entered on my B-1/B-2 visa, I was admitted for six months. I am going to be taking a short trip to Canada and then come back to the U.S. Will I be granted an additional six months when I come back in?

Answer The U.S. Customs and Border Protection (CBP) officer at the port of entry has the discretion to readmit a B-1/B-2 visitor for an additional 6 months. In many cases, however, the person is readmitted only for the remaining validity of the I-94 issued prior to...

15:25 / FAQs / For Individuals / Travel / Visitor
02 Oct 2019

Company B is going to file an H1B change of employer for me. I plan on staying with Company A until the change-of-employer petition is approved. Will the USCIS notify Company A that this change of employer has been filed?

Answer Typically, the only party that USCIS notifies regarding an H1B petition is the employer that filed the petition (and that employer's attorney, if applicable). (02.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

14:11 / FAQs / For Individuals / Worker