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24 Dec 2024

I am on H-4 and am applying for a change of status to F-1. My husband is on H1B and his employer has filed a PERM case for him. Will that pending PERM increase the risk of my F-1 application being denied?

Answer A PERM case filed for one’s spouse normally would not increase the risk the denial of a change of status to F-1. (24.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

08:18 / FAQs / For Families / Student
30 Oct 2024

I am a student in F-1 status. I received an eMail from the U.S. consulate that issued my F-1 visa stamp saying that my visa was revoked. Am I out of status now? Do I need to take any action?

Answer A revocation of a visa "stamp" does not impact one’s immigration status in the U.S. It means, however, that you would have to apply for a new visa to return to the U.S. after a trip abroad, even though your existing visa stamp may still...

10:18 / FAQs / For Individuals / Student / Travel
18 Sep 2024

I applied for my 24-month STEM OPT extension and it currently is pending. My first-year OPT EAD expired two weeks ago. I just received news that I must travel back to my home country for a couple of weeks to attend to a sick relative. Will I be able to return to resume my STEM OPT?

Answer Your EAD and F-1 status are automatically extended for 180 days while your STEM OPT is pending. If you travel during this time, you should be able to come back with an expired EAD and the STEM OPT receipt notice. You should also be able...

10:43 / F-1 / FAQs / For Individuals / Student / Travel
24 Jul 2024

I applied for the 24-month STEM OPT extension and it is still pending. However, I recently was laid off from my employment and received a new job offer from another company. Can I inform USCIS that I changed employers? Am I still eligible for STEM OPT approval?

Answer As long as your new employer is registered with E-Verify and the new job offer is for at least 20 hours per week, you should have a new Form I-983 completed with your new employer and provide it to your DSO. This should enable the...

07:37 / FAQs / For Individuals / Student
10 Apr 2024

I am working for a consulting firm on OPT. They told me that my case was not selected in the lottery. Is there any way for me to check online on my own to verify that they actually filed the registration for me?

Answer No, only the employer and/or the attorney representing the employer can directly check to see if the registration was submitted on your behalf. You could try filing a Freedom of Information Act (FOIA) request with the USCIS to ask for documents related to any H1B...

17:16 / FAQs / For Individuals / Student / Worker
21 Feb 2024

I am in F-1 status and my wife is in F-2. I found an employer to file an H1B registration for me this year. Does anything need to be filed for my wife during the registration period?

Answer No, there normally is nothing that would need to be filed for the H1B principal's dependents during the registration period. (21.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

13:24 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Student / Worker
14 Feb 2024

I am on OPT and am in the process of applying for an OPT extension. The F-1 visa in my passport, however, is scheduled to expire in a few months. Is that going to create a problem with my request to extend my OPT?

AnswerThe expiration date of the F-1 visa in one's passport typically has no impact on the F-1 status. The F-1 visa is an entry document. It generally must be valid when the person is requesting admission in F-1 status. But, if the person is already...

06:06 / FAQs / For Individuals / Student