13 Jan 2017

I am a student in F-1 status and my wife is my F-2 dependent. I am working on OPT that expires in July. My employer is filing an H1B petition for me with an October 1st start date. …

... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD. If my wife does not file her application for...

09 Jan 2017

I am on OPT and will be filing for H1B this year. If the case is approved, will I need to go for stamping? If not, can my dependent still go for stamping, since she is outside the U.S.?

Answer In general, a visa "stamp" is only required for purposes of reentering the U.S. after foreign travel. Otherwise, one can change status within the U.S. One's dependent typically should be able to receive an H-4 "stamp" in this scenario. (09.Jan.2017)In frequent sessions of our Chat,...

09 Jan 2017

I am on H1B and I have an approved I-140 on EB2. If I move outside the U.S. for a couple of years, can my GC case continue? Does it matter if my H1B expires during that time?

Answer The I-140 and H1B are completely separate. One's I-140 will remain valid in this situation, and can be used to obtain permanent residence when the priority date becomes current, assuming the job is still available. (09.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other...

29 Dec 2016

DOE Response to MLF Attorneys on Validity of Degree Issued Prior to University’s Loss of Accreditation

The U.S. Citizenship and Immigration Services (USCIS) generally will only recognize a U.S. degree that is issued by an accredited institution. Moreover, the accreditation must be granted by an accrediting agency recognized by the U.S. Department of Education (DOE). How is a degree viewed, however,...

23 Dec 2016

NewsFlash! USCIS Issues Slew of Revised Forms; Prior Versions No Longer Valid for Most

Please read the 29.Dec.16 update on this information. Updated Information This afternoon, the American Immigration Lawyers Association (AILA) issued a practice alert related to the new forms. It states, in part: AILA reached out to USCIS … to demand a grace period during which prior form versions could...

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