Mr. Don Heflin, the Minister Counselor for Consular Affairs at the U.S. Embassy in India, recently conducted a question-and-answer session to update the public on the state of visa appointments at U.S. consulates in India. Staffing Levels Mr. Heflin noted that staffing levels at the consulates have...
Under U.S. immigration law, if a foreign national applies for a nonimmigrant visa or for admission to the United States as a nonimmigrant, the application often can only be approved if the individual can demonstrate a lack of immigrant intent. There are a few notable...
The D.C. Circuit Court recently ruled in favor of the U.S. government in a lawsuit brought by a worker's union, holding the F-1 optional practical training (OPT) and STEM OPT programs were lawfully enacted. The union unsuccessfully argued that the statute passed by Congress that...
Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...
Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022)Sheela Murthy and other...
On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...
Answer Generally speaking, yes, it is possible to be self-employed during the initial OPT period, even if the position is unpaid. (24.Aug.2022)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...
Answer Having a pending I-485 would not automatically prevent a person from applying for a change of status to F-1. But, the USCIS would likely deny the F-1 application based on immigrant intent. (24.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
In 2004, the U.S. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. This clarification...
Answer If you earn a U.S. master's degree from a qualifying university, you normally would qualify for the master's cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master's cap. (03.Aug.2022)Sheela Murthy and...
