17 Jul 2017

I am on OPT cap gap. My H1B petition was selected in the lottery, but an RFE was issued. If the case is still pending beyond September 30th, can I continue to work?

Answer Generally speaking, one on F-1 cap gap may not continue to work beyond September 30th of that year until and unless the H1B change-of-status petition is approved. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

17 Jul 2017

I applied for a change of status from B-2 to H-4 right before my I-94 expired. It has now almost been 180 days, but my application is still pending. Do I need to leave before I reach the 180-day mark?

Answer Normally, one who has timely filed a change-of-status application is in a "period of authorized stay" until a decision is issued, regardless of how long it takes. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

10 Jul 2017

I am on OPT and my H1B petition was selected in the lottery. However, the project my H1B was filed for is about to end. If an RFE is issued, do I have any options? Can I move to a different project?

Answer One in this situation should consult a competent attorney for individualized advice. However, this is a serious problem and will frequently lead to denial of the H1B petition. One possible option may be to find a new client in the same metropolitan statistical area (MSA)....