02 Dec 2019

USCIS Proposal for Substantial Fee Increase and Imposition of New Filing Fees

As previously reported on MurthyDotCom, the U.S. Department of Homeland Security (DHS) published a new proposed rule on Thursday, November 14, 2019, outlining significant increases for many U.S. Citizenship and Immigration Services (USCIS) filing fees. The increases will result in a weighted average increase of...

31 Oct 2019

My STEM OPT was approved through July 2021. My H1B was selected in this year’s lottery, but it was just denied. Can I keep working based on my STEM OPT?

Answer Normally, an H1B change-of-status denial would have no impact on one's current status or eligibility to continue working in STEM OPT. (30.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...

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...

24 Oct 2019

DOS Rule on Determining Visa Ineligibility Based on Public Charge Grounds

On October 11, 2019, the U.S. Department of State (DOS) published an interim final rule in the Federal Register, entitled Visas: Ineligibility Based on Public Charge Grounds. Once this interim final rule goes into effect, it will greatly expand the categories of public benefits considered...

11 Oct 2019

NewsFlash! Judge Issues Nationwide Injunction Against Enforcement of Public Charge Rule

This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019.The injunction specifically prohibits the...

10 Oct 2019

NewsFlash! DOS Amending Public Charge Rules, Effective 15 Oct 2019

On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will...

19 Sep 2019

I recently completed my master’s degree, and have been on OPT for two months. Due to a family emergency, I need to go back to my home country for at least six months. If I return in F-1 status and complete a second master’s degree, can I then use my remaining OPT time, and then apply for a STEM OPT extension?

Answer Generally speaking, if an individual uses any period of OPT following the completion of a master's degree, that person is not eligible for any OPT following the completion of a second master's degree. (19.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....