Answer Yes, if one qualifies for the advanced-degree cap exemption, it does not matter where s/he is located when the case is filed. It also does not matter when the degree was earned, only that the degree requirements were completed before filing the petition. (06.Jul.2015)In frequent...
Answer Yes, a person who is visibly pregnant is allowed to enter the U.S. in H-4 status. This is not the same as a person on a tourist visa just trying to get U.S. citizenship and/or U.S. medical services for the baby. It is important to...
Answer A change of H1B jobs does not impact the spouse's H-4 status. The H-4 is spouse-specific, not specific to the H1B spouse's job. Your wife's H1B petition is entirely separate, although the change of status presumes that the H-4 status will stay in place until...
Answer Under current USCIS stated policy, the answer to this question is yes. There was a recent non-binding decision where the AAO interpreted the law / regulations to NOT allow this benefit after the I-140 revocation. But, for now, the policy is still in place and we...
Answer If a J-1 visitor is subject to the two-year home residency requirement, s/he would not be able to change status within the United States. However, an individual in this situation could apply for and be eligible to obtain an F-1 visa "stamp" at a consulate...
Answer No, the visa "stamp" is an entry document, only. The I-94 determines status. If a person wants to work beyond the H1B I-94 date, a petition to extend status typically must have been filed by the employer prior to expiration of the I-94. (29.Jun.2015)In frequent...
Answer In order to obtain approval of an amended H1B petition with an I-94 reflecting continued / extended status, it is necessary to show that one is in valid status at the time the amendment is filed. For H1Bs, this proof normally would include paystubs. H1B...
Answer Yes, it absolutely is an issue both at the POE and when applying for a green card. The matter has to be analyzed to see how much of an issue. This depends upon the procedures for dismissal in the state (sometimes, these are still considered...
... My OPT will end on July 25th. I am not eligible for a 17-month extension based on a STEM degree. What options do I have to remain in the U.S.? Answer You will have 60 days of the grace period after July 25th, during which you...
Answer There is no requirement to stay with the employer for a period of time after the I-140 is approved. Of course, in order to file the I-485 and potentially obtain a "green card" the job offer must continue to be valid. So, if one gets...
