Answer The information on the I-140 should be accurate. If one is married when it is filed, that should be included in the I-140. If one is single when it is filed, there does not need to be an I-140 update or amendment to reflect a...
AnswerIf a person leaves the U.S. for one year, an employer may file an H1B petition for that individual, which would allow the 6-year H1B period to start anew. However, this type of case is cap-subject. In order to return in H1B status after completing...
Answer The change can be done either by filing for change of status from within the United States, or by applying for an H-4 visa from abroad. The main difference is that, if the COS is filed in the U.S., the H1B status stays in place...
... which I need to complete in order to graduate. Therefore, I will apply to my DSO for the extension of my program. Does my wife in F-2 status need to do anything separately to extend her stay? Answer Your dependents' F-2 status, including that of your...
Answer Yes, it may be possible to request a change of status to H1B with an I-140 approval. However, it is still necessary to meet all the general H1B requirements - including a cap filing or cap exemption - in every situation. (13.Apr.2015)In frequent sessions of...
Answer The advanced degree exemption requires a degree from an accredited, nonprofit U.S. college or university. It does not matter if the program was part-time, evening, and/or online. Just check the nonprofit / for-profit status of the school and the accreditation. There are links on MurthyDotCom...
AnswerWe are always hopeful, but there does not seem to be anything likely in the near future. The law itself is unlikely to change in the current political climate. The EB2 India backlog is tied to the limits in the law. Regulations and policy are...
Answer No, the six-year clock does not reset due to being in another status for a year. It is necessary to leave the U.S. for a year in order to be eligible for a new six years of H1B time. It is also necessary to file...
Answer Generally, employment conducted at an off-campus location requires authorization from your Designated School Official (DSO) or USCIS, with some exceptions. Specifically, if your employment is associated with the school's established curriculum and related to contractually funded research projects at the post-graduate level, it may be...
Answer No. Cap-gap does not go all the way to October 1st if the H1B petition is rejected. There are several key dates for cap-gap that depend upon whether the case is selected and, then, whether it is approved or not. We have that exact information...
