09 Nov 2023

I am currently on STEM OPT, and my H1B cap case was just approved through the same employer. While on STEM OPT, I was paid a lower wage than the prevailing H1B wage, but now that the H1B has been approved, I am being paid the correct amount. Will this be a problem in the future?

Answer The H1B prevailing wage requirements generally do not go into effect until the H1B petition is approved. So, this typically would not create any issues. (08.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06 Nov 2023

Immigration Tips Before Taking a Cruise

While foreign nationals are typically mindful about confirming the permissibility of international travel prior to boarding a plane, an individual may be less mindful about another, less common form of travel – international cruises. However, like air travel, a foreign national should understand the nature...

19 Oct 2023

USCIS Launches New Online Change-of-Address Tool

On October 12, 2023, the U.S. Citizenship and Immigration Service (USCIS) launched the new Enterprise Change of Address (E-COA) self-service tool for an individual to notify the USCIS of a change in address. The tool is intended to improve the speed and efficiency of updating...

28 Sep 2023

USCIS Exempting Biometrics Fee for all I-539 Applicants, Effective 01.Oct.2023

Beginning October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will exempt all I-539 applicants from paying the $85 biometrics service fee. This exemption will apply indefinitely. Background Information In 2019, the USCIS implemented a policy that required most form I-539 applicants to complete biometrics screening...

21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...

31 Aug 2023

I am in H-4 status and am enrolled in university as a full-time student. To be eligible for OPT after I graduate, do I need to be enrolled full time in F-1 status for a full year?

Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement does...