04 Mar 2021

I am on OPT and am employed by an accredited, nonprofit university. The university is going to sponsor me for an H1B position. Do they need to follow the H1B cap timelines?

Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally be...

17 Feb 2021

Students: Types of Employment Authorization

If you are an F-1 student, you are probably aware that there are restrictions on working. When you initially obtained your SEVIS I-20 form and F-1 visa, you had to show that you could afford to go to school without working, since F-1 students generally...

10 Dec 2020

I have about 18 months of STEM OPT remaining, but my H1B change of status was recently approved. Is it possible to get back into F-1 status to use the rest of my STEM OPT?

Answer Generally speaking, once a person has been granted a change to H1B status, the STEM OPT terminates. It typically is not possible to use any remaining period of OPT (or STEM OPT.) (10.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

10 Dec 2020

Serious Immigration Consequences for Drug Use Despite State Law Changes

Legalization or decriminalization of marijuana or other narcotics at the state level can mislead noncitizens into thinking using such drugs in accordance with state law is legal. Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law. Therefore, the use, sale, purchase,...

07 Nov 2020

NewsFlash! Joe Biden Elected 46th President of the United States

This morning, Joseph R. Biden, Jr. secured enough electoral votes to win the 2020 presidential election. While President Trump is disputing the results, his claims of election fraud appear to be without merit, and have little chance of overturning the election. President-Elect Biden is expected...