Answer What you suggest is possible, if it can be done within the timeline for the MTR/Appeal. However, unless the H1B was a cap case, this may not be the best option. If it isn't a cap case, then it may be possible to just refile...
Answer Individuals who have timely filed requests to change or extend status generally can remain legally in the U.S. based on the pending COS or EOS. For a tourist EOS, if it is denied after the I-94 has expired, the individual will be out of status...
Answer Yes, if the PERM was filed at least 365 days before the expiration of the six-year H1B point, it is possible to obtain a 7th-year EOS as long as the PERM is "alive" in some stage. That includes situations where a denied PERM is on...
... I applied for change of status to F-1 and it is currently pending. However, my program start date is in 2 days. Can I start attending school and work on campus while my application is still pending? Answer As a nonimmigrant in valid H-4 status, you...
Answer If a foreign national travels while a petition to change status is pending, the change of status request is considered to have been abandoned. For an H1B case, the petition could be approved in this type of situation, but without the COS (reflected in an...
Answer H1B workers on proper medical leave are considered to be in valid status. Thus, it would be possible to obtain a new H1B approval and even an extension of status in the U.S. if there is proof of the leave. However, it is important to...
Answer There may be an option to keep the I-485 going by using the AP for reentry. This can get a bit complicated, due to the need to renew it from within the U.S. But, it may be manageable if there is some ability to return...
Answer There is nothing that has changed at this time. There is mention of additional job flexibility as part of the executive actions, but no specifics have been released. This type of change likely requires a regulation. As it stands, there is a fair amount of...
... Unfortunately, my H-4 I-94 has recently expired and I did not file an extension application. May I still file an application for change of status from H-4 to F-1? If not, may I apply for an F-1 visa in Canada to come back in...
...His father got considerably worse and my husband has been taking care of him since his arrival in his parents’ home. Because of his father’s condition, he has to stay abroad for a few more months. Is my F-2 status in jeopardy while my husband...
