Answer If a person is working in H1B status and has a pending I-485, he will automatically fall into a period of authorized stay based on the pending I-485 if the H1B position ends. There is nothing that has to be done. The approved EAD would...
... My initial OPT authorization has ended and my STEM OPT application is still pending. I would like to take a trip abroad in the near future. I still have a valid F-1 visa in my passport. Am I allowed to travel? Answer Student and Exchange Visitor...
Answer Universities and their nonprofit affiliates are cap exempt. Nonprofit and governmental research institutions are also cap exempt. Other types of nonprofit organizations, however, are NOT cap exempt.These cases are cap exempt if the person will be working AT the cap-exempt organization, even if they are...
Answer Yes, it is possible to amend and extend all in one filing. If you look at the I-129 form, you will see the options asking what action/s are desired. If there is eligibility for an extension, these requests can be combined. (04.May.2015)In frequent sessions of...
AnswerNo, a person can only hold one nonimmigrant status at a time. (04.May.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here.Copyright © 2015,...
Answer H1Bs aren't actually transferred; it is a completely new filing. Thus, the two cases do not have to be similar. If the beneficiary qualifies for a different job than s/he has now, the new company can file the H1B case for the new job. It...
... she would like to take classes in a graduate program at my school. Is she allowed to enroll in an academic program of study? Answer Effective May 29, 2015, F-1 and M-1 student dependent family members in F-2 and M-2 statuses are eligible to enroll in...
Answer An I-485 generally can only be filed if the priority date is current. If the PD retrogresses before the I-485 is filed, the beneficiary must wait until it becomes current again. That being said, note that the beneficiary can file the I-485 directly, as opposed...
Answer It is not mandatory to withdraw one of the petitions. The USCIS is supposed to track these matters so that cap numbers aren't wasted, but it isn't entirely clear that they really can do so. In any event, as long as the petitions are not...
Answer It is ok to apply for jobs while an EAD application is pending, but work cannot start until the EAD is issued. (27.Apr.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
