Answer: As long as your marriage takes place prior to the approval of your I-485 application, your spouse should be eligible to obtain permanent residence as your derivative beneficiary. Keep in mind that, in order for your new bride to come to the United States in...
... When I finished my first master's program, I applied for and received authorization for a 6-month OPT period. Now, that I've finished my second master's program, I have applied for the remaining 6-month of OPT. During my first OPT period, I was unemployed for...
Answer: Unfortunately, employment authorization documents (EADs) are still not available for H-4 status holders. It continues to be an issue that comes up in congressional discussions about immigration reform. If any concrete action takes place on this important matter, we will post information about it on...
Answer: If the visa foil (or "stamp") for Company A has not expired, you can use that still-valid stamp in concert with the I-797 approval notice from Company B in order to reenter the United States in H1B status. A new H1B visa stamp should not...
Answer: The employer can withdraw a PERM filing at any time. If an H1B extension has been approved based on that pending PERM case, and then the PERM case is withdrawn after the H1B approval, the H1B should remain valid. However, a new qualifying PERM or...
Answer: If you have a properly issued I-20 for University B with the OPT notation, and you have been working on your OPT pursuant to the terms of your F-1 status, you should be able to use the still-valid F-1 visa stamp that references University A...
... Due to a misunderstanding, I started working for another company which I thought was affiliated with my employer, but, in fact, was my employer's client. Once I realized my mistake, I promptly moved to my CPT employer. After talking to my DSO, I understand...
Answer: In this example, assuming that the prior H1B was cap subject, the H1B filing in 2014 would not be cap subject. As a general matter, a person only needs to be counted against the cap once, unless s/he leaves for a year and wishes to...
Answer: No, in the example given, the clock would not be reset for six more years. It is a choice of which rule a person wants to use. If one is out of the United States for a full year, the six-year H1B clock resets. But,...
Answer: If the previous employer's I-140 is approved and the visa number is not available (priority date is not current,) then it is possible to get a 3-year H1B extension beyond the six-year limit with ANY employer. So, yes, as long as the I-140 has not...
