H-1B Work Visa
Filing Period for STEM OPT Extensions
We wish to remind F-1 students that the Optional Practical Training (OPT) limited to 12 months must be completed within 14 months of graduation. Additionally, STEM (Science, Technology, Engineering, and Mathematics) graduates, upon completion of their 12-month OPT, are eligible for 17-month OPT with an employer enrolled in E-Verify. As we previously reported in our…
Read MoreFiscal Year 2015 H-1B Cap Reached
As expected, on April 07 2014, U.S. Citizenship and Immigration Services (USCIS) announced that the statutory H-1B cap of 65,000 for fiscal year (FY) 2015 has been reached. The 20,000 cap on advanced-degree exemption was exceeded at the same time as USCIS received more than the limit of 20,000 H-1B petitions. Once USCIS completes intake…
Read MoreMay 2014 Visa Bulletin: EB-2 India Remains Unchanged (DOS Prediction)
U.S. Department of State (DOS) has released the May 2014 Visa Bulletin which is the eighth Visa Bulletin for the Fiscal Year (FY) 2014. Under the Employment Based (EB) category, cutoff dates for EB-2 India remain at November 15, 2004 though cutoff dates for EB-3 India have moved forward by couple of weeks to…
Read MoreTravel Abroad with a Pending Change of Status
As we approach the FY 2015 H-1B cap season, we wish to remind our readers about travel consideration for those transitioning from their current non-immigrant status to H-1B status. As explained in our previous article, Last Action Rule (Travel Abroad with Approved Change of Status), students with an approved H-1B can travel abroad (without abandoning…
Read MoreLast Action Rule (Travel Abroad with Approved Change of Status)
This time of the year, when many F-1 students are changing status from F-1 to H-1B, we want to remind them about issues they may potentially face if they wish to travel abroad before their H-1B start date. Though not a formal rule or a case law, guidance in the form of a letter was…
Read MoreTermination of Employment: Strategies for H-1B Employees
As discussed in our previous article, Employer Responsibility for Terminating H-1 Employee, an employer can terminate the employment of his H-1B worker by following certain steps. In this article, we will discuss the options and strategies available to H-1B worker to safeguard his immigration status. Contrary to popular belief, there is no grace period of…
Read MoreMarch 2014 Visa Bulletin: EB-2 India Remains Unchanged (DOS Prediction)
U.S. Department of State (DOS) has released the March 2014 Visa Bulletin which is the sixth Visa Bulletin for the Fiscal Year (FY) 2014. Under the Employment Based (EB) category, cutoff dates for EB-2 India remain at November 15, 2004 though cutoff dates for EB-3 India have moved forward by couple of weeks to…
Read MoreEmployer’s Responsibility for Terminating H-1B Employees
While an H-1B employee can be terminated just like a U.S. worker, terminating a H-1B employee involves more than just notifying the employee. U.S. employers are required to notify U.S. Citizenship & Immigration Services (USCIS) if there has been a material change in the terms and conditions of the H-1B nonimmigrant employment, including if the…
Read MoreH-1B Cap Season for FY 2015: Master’s Cap Issues
With the H-1B filing window opening on April 1st, 2014, you should be aware of an important issue while filing H-1B under advanced-degree exemption, also called master’s cap. Each year 20,000 H-1B visas are available under the advanced degree exemption for individuals who have earned a master’s or higher degree from an accredited institution in…
Read MorePlanning for FY 2015 H-1B Cap Season
As we approach April 1, 2014, we want to take the opportunity to make our readers aware of important nuances of H-1B cap season. The US Citizenship & Immigration Services (USCIS) will start accepting cap-subject H-1B petitions for the Fiscal Year (FY) 2015 Cap Season on Tuesday, April 1, 2014. Last year, the cap for…
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