Answer The sponsor must provide an affidavit of support. It is necessary to demonstrate sufficient income (or assets) to meet the public charge provisions. Otherwise, it is necessary to have a joint sponsor, etc. But, as long as this baseline requirement is met, there is no...
... My OPT EAD will expire next week. I understand that I may be eligible to continue working pursuant to the cap-gap extension. Do I need to obtain a new I-20 for cap-gap OPT employment? Answer Yes. In order to continue working, you need to apply for...
Answer If one's GC status is abandoned, that does not stop her/him from regaining that status through a new GC case. However, if one has already gotten GC status through a family petition, the new case would start all over with a new priority date. (16.Jun.2014)In...
Answer If the I-140 has been revoked upon request of the employer, it is not available for purposes of requesting H1B time beyond the six-year limit. The I-140 must still be "in place" in order to get that benefit. (16.Jun.2014)In frequent sessions of our Chat, Sheela...
Answer The status of a person who extends H1B after an AP entry is H1B, with an AOS pending. The H1B extension would return the person to H1B status, but would not disrupt the pending I-485. (16.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Yes, it is absolutely fine to have both an FB and EB case at the same time. In fact, it is often a good idea to file whatever one may be eligible to file, as immigration priority date movements are often unpredictable. (16.Jun.2014)In frequent sessions...
... based on the cap gap extension of F-1 status with employment authorization. Unfortunately, my H1B has just been denied because of the lack of evidence of control of the employee by the employer. How does this denial of the H1B petition affect my F-1...
Answer Yes, a change in the degree objective should be reported to the DSO within 21 days. The DSO will make all necessary updates in your SEVIS record to reflect the change in your major. The updates will also include your new financial obligation. The DSO...
Answer The sixty-day deadline for comments was listed in a recent MurthyDotCom NewsBrief. Nothing can happen before then. After that, it depends upon whether any changes need to be made as the result of the comments - whether any issues are raised there that make the...
Answer The first 12 months of OPT does not require an e-verified company. It is the 17-month STEM extension that requires an e-verified company. So, if one has a qualifying STEM degree, s/he could apply for the extension if the employer becomes e-verified by the time...
