17 Jul 2017

I am on OPT cap gap. My H1B petition was selected in the lottery, but an RFE was issued. If the case is still pending beyond September 30th, can I continue to work?

Answer Generally speaking, one on F-1 cap gap may not continue to work beyond September 30th of that year until and unless the H1B change-of-status petition is approved. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

10 Jul 2017

I am on OPT and my H1B petition was selected in the lottery. However, the project my H1B was filed for is about to end. If an RFE is issued, do I have any options? Can I move to a different project?

Answer One in this situation should consult a competent attorney for individualized advice. However, this is a serious problem and will frequently lead to denial of the H1B petition. One possible option may be to find a new client in the same metropolitan statistical area (MSA)....

19 Jun 2017

I am in H1B status. Can I file two change-of-status applications at the same time – one for H-4 status, and the other for F-1?

Attorney There is nothing prohibiting multiple filings. However, the general rule is that the last approval will govern one's status. So, once the desired application is approved, it is important to withdraw the unwanted application, to avoid ending up in the "wrong" (unwanted) status. Unfortunately, even...

12 Jun 2017

Can a one-year, online master’s program be used to qualify for the H1B master’s cap? Can the degree be used to qualify for an EB2 position?

Answer A master's degree from an accredited public university would normally be acceptable for both purposes, regardless of whether or not the classes are taken online. (12.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

09 Jun 2017

Can you please explain whether an academic degree obtained from a university that was accredited at the time the degree was awarded, but later lost its accreditation, …

... is still considered to be an accredited degree? Can such a degree be used to apply for immigration benefits requiring an accredited degree? Answer A degree conferred by an accredited school remains an accredited degree even if the school later loses its accreditation. The USCIS recently...

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