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...

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...