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....

21 Aug 2019

I am currently in F-2 status, and am applying for a change to F-1 status. If the change-of-status application is denied, will my F-2 status be revoked?

Answer Ordinarily, if an application to change status is denied, this would not impact one's existing F-2 status. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...

24 Jun 2019

I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?

Answer In general, a petitioner may withdraw a request for "change of status" while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...