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16 Dec 2016

I am in the process of applying for STEM OPT. I would like to continue working for my employer …

... but I have two more offers from other companies that want me to work part time on projects for them (no more than 10-15 hours per week). Can I accept their offers while continuing my current full-time employment? Answer Under the current STEM OPT rules, while...

09:45 / F-1 / FAQs / Student
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12 Dec 2016

What documents do I need to travel while my I-485 is pending?

Answer Normally, once an individual has filed the I-485 application, s/he must obtain an approved advance parole document in order to be able to travel without abandoning the application. The only general exception is if the individual leaves and returns in one of the limited visas...

21:43 / FAQs / Resident / Travel
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12 Dec 2016

Do the job duties listed in my H1B extension need to match the job duties used for my approved I-140?

Answer If the H1B is the same position with the same employer as that described in the PERM, then the duties and requirements should remain consistent. However, if the H1B and PERM are for different positions (or with different employers) then the job duties do not...

21:39 / Employment Based / FAQs / Resident / Worker
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12 Dec 2016

The USCIS sent me a notice by mail, but is indicating that it was undeliverable. What could be the cause of this, and what can be done to fix this issue?

Answer The USCIS normally delivers by secure mail. If the postal service cannot verify that your mailbox belongs to you, then they may not deliver it. You should first confirm that the USCIS has your correct address. If you've moved to a new address since filing...

20:05 / FAQs / For Individuals
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12 Dec 2016

Can a person work in H1B status and also have an H-4 EAD?

Answer H-4 and H1B are two different visa statuses. One can only hold one status at a time. A person in H1B status may not work using an H-4 EAD and vice versa. (12.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...

20:01 / Employment Based / FAQs / Resident / Worker
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09 Dec 2016

Last year, I graduated with a master’s degree in electrical engineering. Upon graduation, I applied for the initial 12-month period of optional practical training (OPT), which was approved. …

... Prior to the expiration of my EAD, I applied for the 24-month OPT STEM extension, which has just been denied. My attorney says that the decision was incorrect and that we should file a motion to reopen / reconsider the denial. To be sure...

17:09 / F-1 / FAQs / Student
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05 Dec 2016

I was here on H1B for 1 year and then left the U.S. Three years later, a new employer filed a cap-exempt H1B for me. Did my clock reset? Am I now eligible for 6 years of H1B time?

Answer One's H1B clock is "reset" only if one is outside the US for 365 days AND is the beneficiary of a cap-subject H1B petition (i.e. Filing through the H1B lottery, again.). A petition to recapture unused H1B time does not reset the clock. (05.Dec.2016)In frequent...

16:41 / FAQs / Travel / Worker
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05 Dec 2016

My stem OPT expires in April 2017, which is the same time my employer will be filing an H1B for me. Will I fall under the cap-gap protections?

Answer Generally speaking, so long as the H1B petition is filed before the expiration of the OPT, the beneficiary would be covered by cap-gap. (05.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...

16:39 / FAQs / Student / Worker
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05 Dec 2016

Will the new 60-day grace period rule apply for existing approved H1Bs? Or, will it only apply to those approved after 17.Jan.2017?

Answer It appears that the grace period will apply after January 17th, regardless of when the H1B was approved. (05.Dec.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...

16:36 / FAQs / Worker
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05 Dec 2016

I have a pending I-485 filed for my EB3 I-140. My new employer is starting an EB2 case. Do I need to file a new I-485 with the EB2 priority date?

Answer In general, a new I-485 is not required. What is needed is an "interfiling" request for the new I-140, in order to 'swap' it with the EB3 I-140. (05.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

16:33 / Employment Based / FAQs / Resident
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