26 Sep 2016

My mother has an advance parole document she received while her I-485 was pending. After her I-485 was approved, she left the U.S. for an extended trip. Can she use the same advance parole to reenter the U.S.?

Answer Advance parole permits one to enter while the I-485 is pending. It generally cannot be used after the I-485 has been approved. You may wish to schedule a consultation with an attorney who can review your mother's situation in greater detail and determine what options...

26 Sep 2016

Does maternity leave while on H1B have to be paid?

Answer Ordinarily, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions may normally be unpaid without violating one's H1B status. (26.Sep.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...

19 Sep 2016

My H1B extension and my spouse’s H-4 extension are pending. Can my spouse file for H-4 EAD while the H-4 extension is pending?

Answer An H-4 EAD application may be filed while the H1B and H-4 extensions are still pending. But, the H-4 EAD cannot be approved until the H-4 extension is approved. And, the H-4 extension generally will not be approved until the H1B extension is granted. (19.Sep.2016)In...

09 Sep 2016

I initially came to the U.S. in H-4 status as a dependent of my spouse. I completed a bachelor’s degree in computer science, and decided to apply for admission to an MBA program. …

... Once admitted, I changed to F-1 status and completed that degree. I applied and was authorized for the 12-month optional practical training period, which ends in a few weeks. I would like to apply for a 24-month OPT extension, based on my bachelor's degree...

02 Sep 2016

I am a student in F-1 status, working full time on STEM OPT. I would like to switch to part-time employment with my current employer (20 hours per week) and take on additional part-time employment (10 hours per week). Is this allowed?

Answer While STEM OPT employment can be part time for no less than 20 hours per week and concurrent employment for multiple employers is allowed, you are not allowed to work less than 20 hours for each of the employers. Additionally, you must submit to your...