Answer One normally would be in a "period of authorized stay" and be permitted to remain in the U.S. until a decision is issued on the pending change-of-status application. (06.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer If the second work location is within "normal commuting distance" of the original work location, a new LCA might not be needed. However, if the second clinic is not within normal commuting distance, a new LCA and amended H1B petition probably would be necessary. Also,...
Answer An appeal does NOT grant you any status. You may be unlawfully present during this time period, which can have very serious consequences. You should consult an attorney immediately. (30.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer One potentially could travel and reenter on another valid visa "stamp." However, there are some complex legal issues here, if one has become unlawfully present based on the extension denial (i.e. potential automatic revocation of the visa stamp). Further, the U.S. Customs and Border Protection...
Answer There is no inherent problem with pursuing OPT, assuming that one follows the rules. It is important to discuss all proposed OPT employment with one's designated school official (DSO), to make sure that one is compliant with the requirements. (23.Jul.2018)In frequent sessions of our Chat,...
Answer One normally could continue to work pursuant to the original H1B petition until it expires, assuming that this employment is still available. The one exception would be if the USCIS made a negative "status" determination in the amendment denial, which generally would not be the...
Answer Unfortunately, no. Unlike certain other types of EADs, an H-4 EAD is not automatically extended upon filing. Approval is required to work lawfully, once the older EAD expires. (23.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer One who is not on U.S. soil generally is not subject to U.S. immigration law, so this normally would be fine. There may be tax implications to discuss with a CPA, however. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa "stamp" at a...
Answer One generally can continue with Company A indefinitely, as long as Company A's H1B approval remains valid. Joining the new employer is never required. If one does not join Company B within 60 days, however, Company B is supposed to withdraw the H1B petition. (09.Jul.2018)In...
