20 Jul 2022

I was in H-4 status based on my father’s H1B. I have been studying in university and, shortly before I turned 21, I filed an application to change to F-1 status. That application is still pending, and it appears I may graduate before my F-1 is approved. Can I transfer to a master’s program based on the pending F-1 change of status application?

Answer No, unfortunately, it typically is not possible to update a pending F-1 change-of-status application based on a new program of study. Assuming you have already turned 21 (and therefore are no longer eligible for H-4 status through a parent), filing a new application to change...

05 Jul 2022

Nonimmigrant Visa Waivers – Process and Criteria

Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...

02 Jun 2022

My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?

Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual.  (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

26 May 2022

Notifying USCIS of Change in Address

Most foreign nationals in the United States must report address changes to the U.S. Citizenship and Immigration Services (USCIS). The legal timeframe for this notification is just ten days. The process is simple and free, and helps to facilitate proper delivery of official notices and...

29 Mar 2022

NewsFlash! USCIS Announces Plans for Expansion of Premium Processing and Additional Initiatives to Reduce Adjudication Delays

Today, the U.S. Citizenship and Immigration Services (USCIS) announced multiple initiatives to help streamline the adjudication of benefit requests and reduce significant backlogs. Most importantly, the agency announced that the Department of Homeland Security (DHS) has finalized the rule expanding premium processing to additional application...