Answer It is possible to file a COS to F-2 while an H1B COE is pending. But, if the pending H1B COE petition is serving as a 'bridge' for your status, then it typically would need to be approved before the F-2 COS application can be...
Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS typically rejects such cases and returns them to the applicants. (15.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
... The USCIS issued a request for evidence (RFE) on my STEM extension application, asking for a copy of a new I-20 based on a training plan that my employer and I have to submit to my DSO on form I-983. My employer does not...
... USCIS has now issued an RFE, requesting evidence that my degree is directly related to my OPT employment. What can I do to strengthen my response? Answer Because it is not immediately apparent how your degree relates to your OPT employment, for your request for evidence...
The Student and Exchange Visitor Program (SEVP) issued final policy guidance on July 13, 2016, regarding foreign national students admitted on a tentative or conditional basis. In short, the guidance indicates that universities and schools are not permitted to issue I-20s for conditional students. Background In order...
Answer Generally speaking, it is permissible to stay in the U.S. based upon a timely filed request to change status. Thus, if the H-4 is properly filed while still holding F-1, it is possible to stay and wait for the H-4 decision without continuing to comply...
Answer An F-2 dependent may enroll in an academic program on less than a full-time basis. If one would like to enroll on a full-time basis to complete a degree program, s/he should file an I-539 form to change status from F-2 to F-1. One is...
Answer A student returning to the U.S. without all of the required travel documents may be denied entry. However, immigration inspectors have discretion to admit students in these cases for up to 30 days with a I-515A form. In such cases, in order to convert 30-day...
Answer It is possible to travel while the H1B is pending. However, the request to change status will be abandoned. This means that, in order to actually change to H1B, it would typically be necessary to travel again and request the H1B visa 'stamp' at the...
Answer Since you are on cap-gap, the SEVIS is still active. Thus, there would not be a new SEVIS number with the new school. Rather, the school would transfer the SEVIS record if accepted. This would not impact the H1B, as it is simply a continuation...
