HomeCategoryOPT Archives - The Law Firm of Sim, Parvathaneni and Brown PLLC

USCIS issued a policy memo on August 9, 2018,  regarding “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,”. A lawsuit has been filed this week stating this memo as contrary to the statutory unlawful presence provisions, and violative of the Administrative Procedure Act and the Due Process Clause of the U.S. Constitution.  This...

There is a common misconception that one needs two most recent pay statements for H-1B transfers. One of a common question I get around October 1st( since new cap H1’s start on Oct 1st) of every year revolves over how long does a person who has recently been granted a new H-1B status need to...

F-1 “Cap-gap” Status and Work Authorization Extension Only Valid through Sept. 30, 2018 F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid...

An F-1 student who is the beneficiary of an H-1B petition and request for change of status that is filed on time may have his or her F-1 status and any current employment authorization extended until the first day of the new fiscal year. The “cap-gap” period starts when an F-1 student’s status and work...

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