... I also heard that the DHS is in the process of implementing a new rule so that it can continue with STEM OPT. If the new rule is not put in place by the time the current STEM OPT benefit expires, will I be...
Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...
Answer It is not necessary to file a new PERM case through the new employer, as long as the new job fits within the AC21 requirements. That is, the new job has to fall within the same / similar job classification as the PERM job with...
Answer If the I-140 from Employer A is not revoked, then the PD can be retained in a later-filed I-140. The USCIS policy generally allows the PD to be retained even if the older I-140 has been revoked, as long as it is the employer that...
Answer The question here is how one plans to return to the U.S. If the H-1 approval is needed in order to return, it is risky to travel. Travel doesn't make it more or less likely that the case will be approved; it is just that...
... that I am currently registered for. My DSO has recently informed me that, because I fell below the required full courseload, I am now out of status and have to apply for reinstatement. Will I be able to continue working on CPT while waiting...
Answer It is possible to regain H1B status after working on EAD. But, it is necessary to do so from outside of the U.S. - applying for an H1B visa "stamp" at a consulate abroad based upon an H1B petition approval. This generally is not recommended,...
Answer H1B status ends with the job. There is no grace period. The I-94 expiration date does not equate to status when one is not complying with the terms of status. Options should be discussed in a consultation without delay. (05.Oct.2015)In frequent sessions of our Chat,...
Answer I assume that these are cap-subject cases. In any event, if they are not connected to each other at all (not violating the prohibitions on multiple filings by same / related employer), then there is no problem with having two filings. Each is independent of...
Answer There is not a nurse-specific nonimmigrant category. This is a long-standing problem. Some (but certainly not all) RNs qualify for H1B status. They must have bachelor's degrees and work in the limited types of nursing jobs that require the 4-year degree as a minimum requirement....
