21 Feb 2014

I am currently working on OPT that will expire next week. I am eligible for the OPT extension based on a STEM degree. When should I file my OPT STEM extension application? Can I still do it within the 60-day grace period upon the expiration of my initial OPT?

Answer: No. While it is true that you should be in valid status during the 60-day grace period upon the expiration of your initial OPT employment authorization, a timely filed STEM extension application has to be filed (i.e. received by USCIS) prior to the expiration of...

10 Feb 2014

I was working in H1B status for Company A. Company B then filed a petition on my behalf and I started to work for them. I would now like to return to Company A. In order to return to that employer, does Company A need to file a new petition for me?

Answer: If Company A has not withdrawn the H1B petition that it filed on your behalf, and you have been maintaining valid H1B status, you should be able to return to that previous employer based on the still-valid petition. (10.Feb.2014)In frequent sessions of our Chat, Sheela...

10 Feb 2014

I am certain that I will return to India this year without completing the green card process. Do I need to withdraw the application? What are the implications of this? Will I have issues coming to U.S. on a nonimmigrant visa in future?

Answer: If you are planning to abandon the permanent resident process, it may be wise to withdraw the I-485 application; that way you will have a better chance of obtaining a nonimmigrant intent visa (e.g., B-1/B-2, F-1) in the future. Before making a decision about withdrawing...

10 Feb 2014

My wife is a green card holder, but she has been in India for more than two years due to a medical emergency. She did not apply for a reentry permit before she left the U.S. What is the procedure for bringing her back to the U.S.?

Answer: Depending upon the specific situation, a green card holder who has been outside of the U.S. for more than one year without first applying for a reentry permit, may be able to obtain an SB-1 Returning Resident visa. It would be wise to consult with...