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...
Answer The visa is a travel document, only. Status is determined (usually) by the I-94. For students, the I-94 says d/s (which stands for 'duration of status'). So, status is governed by the I-20. If the OPT is expiring and there is no eligibility for a...
The fiscal year 2017 (FY17) H1B cap season continues to wind down. The U.S. Citizenship and Immigration Services (USCIS) confirmed that the latest stage, the return of all H1B petitions that were not selected in the lottery, was completed on July 8, 2016. Given the...
... and my husband is now ready to file his application for adjustment of status (I-485 form). If I file my I-485 as his derivative beneficiary, will it terminate my OPT authorization? Answer Generally, an F-1 student does not lose eligibility for F-1 benefits just because s/he...
Answer Yes. A person in H-4 can go to school (full time or part time) without impacting the EAD. The EAD provides work authorization, but it does not obligate the H-4 spouse to actually be working. And, it certainly does not impact the ability of an...
It is the time of year when many former F-1 students are transitioning to H1B status. The Murthy Law Firm has some thoughts regarding travel considerations for F-1 students who need or want to go abroad while transitioning to H1B status. Many F-1 students wish...
Answer You should discuss your situation with your DSO and inform him/her about having to be outside of the U.S. for an extended period. Since you have to leave the U.S. for five months or more, you will need to come back to the U.S. with...
Originally published May 5, 2013, this NewsBrief has been updated for MurthyDotCom readers.The term "cap gap" refers to the period of time between April 1st and October 1st each year when many F-1 students experience a gap from the end of their optional practical training...
... after one year to obtain another master's degree in computer science. My classmate told me that I could apply for another 12-month period of OPT because my absence from the U.S. for five months or more between the two programs has restarted the clock...
