15 May 2015

I have been working on OPT and my EAD expired last month. I timely filed a 17-month OPT STEM extension and the USCIS has just issued a request for evidence (RFE) on it. Meanwhile, my employer filed an H1B petition for me while I still had an unexpired EAD for the initial OPT period. …

... The H1B petition was approved with an I-94 for a start date of October 1st, which is still in the future. Based on the H1B filing, I obtained a new I-20 for cap-gap employment. If I withdraw my STEM extension instead of replying to...

04 May 2015

Are nonprofit organizations and universities exempt from the H1B quota?

Answer Universities and their nonprofit affiliates are cap exempt. Nonprofit and governmental research institutions are also cap exempt. Other types of nonprofit organizations, however, are NOT cap exempt.These cases are cap exempt if the person will be working AT the cap-exempt organization, even if they are...