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13 May 2016

I have been working in a volunteer position without pay during the first year of my F-1 OPT. I am ready to apply for a 24-month OPT extension based on my degree in a STEM field. Can I continue working as a volunteer?

Answer No. Volunteering during the STEM OPT extension is not allowed. Your employer should be paying you wages comparable to the wages received by other workers who are similarly situated. (13.May.2016)Questions frequently reach us from students on a variety of matters. This is a sample question,...

07:52 / FAQs / Student
09 May 2016

My LC was recently approved. Is it advisable to use my own lawyer to file the I-140 so that my employer cannot revoke it in the future if I move to a new company?

Answer The I-140 is signed by the employer. It is the employer's filing. Therefore, the employer can still revoke the I-140 no matter which attorney files it. The only exception is for self-petitioned categories, including EB1(a) and EB2 national interest waiver (NIW) cases. (09.May.2016)In frequent sessions...

14:15 / Employment Based / FAQs / Resident
09 May 2016

I am a U.S. citizen. My girlfriend is vising me on a B-2 tourist visa and we now wish to get married. Can we apply for adjustment of status, or is she required to leave the U.S. in order to apply for a green card?

Answer There is a procedure for filing the AOS in an immediate relative case for a person who entered on a B-2 visa, but it is not always advisable to take this step. There are potential problems with respect to preconceived intent and even fraud /...

14:08 / Family Based / FAQs / Resident / Visitor
02 May 2016

I filed an H-4 COS a few months ago and the case is still pending. I am travelling abroad this month for a couple of weeks. Can I request that my H-4 COS be changed to consular processing?

Answer It is not necessary to request consular processing for an H-4 COS. The H-4 visa "stamping" does not require an I-539 approval. The H-4 stamp can be requested with proof of the marriage and spouse's valid H1B status. (02.May.2016)In frequent sessions of our Chat, Sheela...

13:56 / FAQs / Travel / Worker