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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
18 Sep 2024

I was recently laid off from my H1B position, but my employer will continue to pay me for the next couple of months. During this time, if I move to a new employer, is it okay if I receive paychecks from both my former employer and my new employer for a period of time?

Answer Yes. Generally speaking, paychecks that overlap for a period of time under these circumstances would be fine, from an immigration perspective. (18.Sep.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...

10:34 / FAQs / For Individuals / Worker
11 Sep 2024

If I have a PERM case with an I-140 approved in EB2, can I then use that case to file an I-140 in EB3 even if the labor certification has expired?

Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:09 / Employment Based / FAQs / For Employers / For Individuals / Resident
11 Sep 2024

I am a citizen of Canada and I am in the U.S. as a J-1 scholar subject to the 2-year home residency requirement. I have received a job offer from a university to sponsor me for cap-exempt H1B position. But I heard that I must first obtain a J-1 waiver or remain in my home country for two years to come back to the U.S. in H1B status. Do I have any options?

Answer A person subject to a J-1 home residency requirement typically is not eligible to be granted a change of status to H1B or an H1B visa "stamp" from a consular post unless the individual first either completes the home residency requirement or obtains a waiver....

07:07 / FAQs / For Individuals / Worker
11 Sep 2024

If I file my wife’s H-4 and H-4 EAD applications together with my H1B petition that is filed for premium processing, is it true that the USCIS will provide premium service to all the cases?

Answer Yes, at least for now, the USCIS should adjudicate these cases at around the same time. This is based on a settlement agreement that the USCIS entered into on January 25, 2023. The USCIS is only bound by this agreement for a few more months,...

07:03 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

08:23 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker