Answer If a J-1 visitor is subject to the two-year home residency requirement, s/he would not be able to change status within the United States. However, an individual in this situation could apply for and be eligible to obtain an F-1 visa "stamp" at a consulate...
Answer No, the visa "stamp" is an entry document, only. The I-94 determines status. If a person wants to work beyond the H1B I-94 date, a petition to extend status typically must have been filed by the employer prior to expiration of the I-94. (29.Jun.2015)In frequent...
Answer In order to obtain approval of an amended H1B petition with an I-94 reflecting continued / extended status, it is necessary to show that one is in valid status at the time the amendment is filed. For H1Bs, this proof normally would include paystubs. H1B...
Answer Yes, it absolutely is an issue both at the POE and when applying for a green card. The matter has to be analyzed to see how much of an issue. This depends upon the procedures for dismissal in the state (sometimes, these are still considered...
... My OPT will end on July 25th. I am not eligible for a 17-month extension based on a STEM degree. What options do I have to remain in the U.S.? Answer You will have 60 days of the grace period after July 25th, during which you...
Answer There is no requirement to stay with the employer for a period of time after the I-140 is approved. Of course, in order to file the I-485 and potentially obtain a "green card" the job offer must continue to be valid. So, if one gets...
Answer The H1B visa "stamp" in the passport is valid through to its expiration. It is not company specific. It is not specific to a particular petition filed with one's employer, even though it has the name of the employer on the visa. So, no, it...
Answer If the first H1B in this example is cap-subject and the full 6-years of H1B time have not yet been used, the answer generally would be no. As a general rule, people only need to be counted against the cap once. (22.Jun.2015)In frequent sessions of...
Answer No, unless you happen to have a Canadian-born spouse. People are chargeable to their countries of birth, with limited exception. This rule applies even if a person acquires a new citizenship. (22.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
... I applied for a 17-month STEM extension based on my major that is on the list of the STEM degrees. However, the USCIS denied my application because my initial OPT was authorized based on the non-STEM degree. Is this decision correct? Answer Unfortunately, the decision was...
