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 I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD.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

02 Dec 2016

My husband and I are full-time students in F-1 status. We are currently expecting our first child. After the birth of our baby, I would like to reduce my course load to part-time, but continue to take classes towards my master’s degree. Is this permitted?

Answer To be able to take classes on a part-time basis, you may need to apply for a change of status from F-1 to F-2 as a spouse of an F-1 student. Individuals in F-2 status are permitted to enroll in less than a full-time study,...

28 Nov 2016

Does the new automatic EAD extension for 180 days after expiration when renewal is pending rule apply to H-4 EADs and L-2 EADs, or just to GC EADs?

Answer The new automatic EAD extension only applies in situations where no other approval is required. For H-4 and L-2 EADs, approval of the underlying status is required first, so the automatic extension is not available. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...

28 Nov 2016

If the parent sponsor is not financially stable enough to sponsor her son by herself, can her daughter, who is a U.S. citizen, be both her employer and a co-signer?

Answer Any U.S. citizen or green card holder can be a "joint sponsor" for a family-based immigrant visa case. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

23 Nov 2016

Overview of Final Regulation for High Skilled Workers

The U.S. Department of Homeland Security (DHS) published a final rule on November 18, 2016, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers. This new regulation was first proposed in late 2015, as outlined in the MurthyDotCom...