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20 Jul 2015

I’ve been working on OPT that was extended based on the “cap-gap” rule because my employer filed an H1B petition for me. However, the petition has just been denied. Can I transfer to another program of study? How much time do I have?

Answer Once the H1B petition is denied during the cap-gap period, and there are no USCIS findings of fraud / misrepresentation or F-1 status violations, you have 10 days of employment authorization and 60 days of a grace period in valid F-1 status. You must complete...

11:45 / FAQs / Student
29 Jun 2015

I was recently charged with shoplifting, but my criminal attorney says the case will be dismissed. Does that impact me at the port of entry or while applying for a GC?

Answer Yes, it absolutely is an issue both at the POE and when applying for a green card. The matter has to be analyzed to see how much of an issue. This depends upon the procedures for dismissal in the state (sometimes, these are still considered...

15:22 / Employment Based / Family Based / FAQs / Resident / Student / Visitor / Worker
19 Jun 2015

I graduated with a dual major, one with a CIP code approved by DHS as a STEM degree and the other with a non-STEM CIP code. Before I completed my initial 12 months of optional practical training (OPT), …

... I applied for a 17-month STEM extension based on my major that is on the list of the STEM degrees. However, the USCIS denied my application because my initial OPT was authorized based on the non-STEM degree. Is this decision correct? Answer Unfortunately, the decision was...

11:24 / FAQs / Student