Answer In the preamble to the regulation that created the 24-month STEM OPT program, the Department of Homeland Security (DHS) laid out the rule regarding travel while a STEM OPT extension is pending: "Students on STEM OPT extensions (including those whose application for a STEM OPT extension...
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...
Answer Unfortunately, if the H1B worker's I-94 has already expired by the time the USCIS denies an extension, there generally is no grace period. Rather, the person typically begins to start accruing unlawful presence immediately following the issuance of the denial. (31.Aug.2023)Sheela Murthy and other senior...
Answer Having a Social Security Number does not necessarily mean a person is authorized to work in the United States. Unless a foreign national is in a status that provides work authorization, such as L2S or an E-2 spouse, that individual generally is not permitted to...
Answer At the time of this writing, the DOL is taking around six months to issued PWDs. (24.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2023, MURTHY LAW...
Answer No, it generally would not be permissible to file an H1B petition now based on an unused registration selected in the first lottery. (24.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer Although there is factual basis for this rumor, it unfortunately seems highly unlikely that this will happen.Several weeks ago, more than 50 members of the U.S. House of Representatives sent a joint letter to the U.S. Department of State (DOS) and the U.S. Department of...
Answer DA is the class of admission generally granted to someone who is admitted on advance parole. Assuming your I-485 is still pending, there typically would be no need to take any action based on the expiration date listed. (17.Aug.2023)Sheela Murthy and other senior attorneys provide...
Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved...
Answer Typically, a person in B-2 status who timely files for an extension of stay is permitted to remain in the U.S. in a period of authorized stay based on the pending application. (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
