Attorneys Law Firm Practicecontact us
17 Mar 2014

Does a change in the job title under same job classification e.g. LCA job code Computer System Analyst (151051) to Software Developer (151133) require an H1B amendment? Added responsibilities are not documented in current H1B LCA.

Answer A job title change alone would not require an H1B amendment, but a material change in the job duties DOES require an amendment. The LCA does not list duties, only location, title/classification, wage level and the like. The specific job duties are specified in the...

22:31 / FAQs
14 Mar 2014

My OPT ended last month, on February 1st. I have decided to apply for transfer to a new program of study, which starts in August this year. What are the timelines that I need to be aware of in order to have my SEVIS record transferred?

Answer Under the regulation, "[i]n the case of an F-1 student authorized to engage in post-completion optional practical training (OPT), the student must be able resume classes within 5 months of transferring out of the school that recommended OPT or the date the OPT authorization ends,...

15:05 / FAQs
08 Mar 2014

I graduated with a Master of Economics degree last year and am currently working on OPT. The CIP code for my major is not designated as a STEM degree, but I took as many courses in math as students in the mathematics program of study. Can I apply for a STEM OPT extension?

Answer No. Unfortunately, even if you had two majors, one of which was designated as a STEM degree, but the initial OPT was based on a non-STEM degree, you would still not be eligible for the STEM extension. According to SEVP policy guidance, "[i]f a student...

09:26 / FAQs
24 Feb 2014

My mom came to the U.S. on a B-2 visa on 04.Sep.2013. We applied for her I-130 and I-485 concurrently on 14.Dec. Fingerprinting is done. Her I-94 is expiring 04.Mar.2014. Do we need to apply for extension of stay (I-539), as we are waiting for I-485 interview?

Answer: Individuals with properly filed I-485s are considered to be in a period of authorized stay in the U.S. Thus, there is no requirement to keep the nonimmigrant status. Moreover, in this example, there is a conflict between any claim to be a visitor and the...

21:35 / FAQs
21 Feb 2014

I am currently working on OPT that will expire next week. I am eligible for the OPT extension based on a STEM degree. When should I file my OPT STEM extension application? Can I still do it within the 60-day grace period upon the expiration of my initial OPT?

Answer: No. While it is true that you should be in valid status during the 60-day grace period upon the expiration of your initial OPT employment authorization, a timely filed STEM extension application has to be filed (i.e. received by USCIS) prior to the expiration of...

10:03 / FAQs