Sample Questions

Here are some examples of questions submitted by the users using Ask an Immigration Attorney Service.

Sample Questions via Phone

I am currently on F1 Stem OPT (XYZ Engineering) as it is expiring (July - 2020).

I enrolled in my second Master's in Computer Science at XYZ University and I got an email recently which states that my visa is Revoked. Could you please help me?

STEM OPT Denied, H1B Picked. Options?

RFE on STEM OPT Application

I received RFE for my STEM-OPT Application. USCIS was not able to validate my employer name and E-verify number. My HR mentioned that my employer's name is XYZ doing business as ABC system. I had included ABC System in all my documents(I-20, I-765,I-983). I am planning to send

I-20 with the updated employer name(XYZ)
Letter from the HR.
I-765 page with an updated employer name.
Cover letter from me explaining that the employer's name should be XYZ.

Kindly let me know if these documents would suffice.

H1B Visa - Unemployment Days, Laid Off

Question 1:

My unemployment days started from March 30th 2020. I was not laid off because of COVID-19 but however I did apply and get an interview. I ended up getting a confirmation of the job on paper on 25th March 2020. I was invited to the company on April 13th and spoke to HR regarding the H1B transfer process which would be starting in approximately 10days. I finished my drug test on April 14th after I was told by the company. But today they retracted the offer by saying there was no budget at the end moment.

How do I save myself from unlawful presence in USA?
Is there a chance of joining a college now to save status since there are 30 days left?
Will there be an extension in unemployment days in the coming days?

Question 2:

I am on H1B visa. However, I lost my job and my last paystub was Mar 6th. My 60 day grace period is ending as of May 5th.

Visa expires - July 30th, 2020
i94 expires - July 30th, 2020

I have been interviewing and am currently waiting for responses from a few companies. One company is in the last stage to figuring out things on their end for H1B transfer. In case they don't turn around prior to May 5th, I was wondering if you could advise me on my available options considering the COVID situation and travel ban.

Day 1 CPT - Recommended, Risks?

Question 1:

Job title while working on day 1 CPT matters? Intern(40 hours) vs my current title. Would it help in visa interview or future RFE?
Working full-time vs part-time? If I work part-time. But, would it reduce the future risks of any kind?
Join day 1 CPT in grace period vs before? Any risks?

Question 2:

I am currently on an F1 visa. My OPT expires on 05/21. I did not get through in my 3rd attempt in the H1B lottery. I am unable to apply for the Cap-Gap opt.

I am considering doing an MBA on day 1 CPT (6 months of CPT completed as of now). My husband's company is going to file for H4-H4EAD (COS) in 2 days. I would like to know

What are the chances of my COS getting denied because of day1 CPT?
Is day1 CPT an okay option for 6 months?
Should we apply for H4-H4 EAD or continue with the day1 CPT F1 visa?
Is pursuing PhD a better option?

We are considering Day1 CPT because of the pandemic. We are assuming my H4 EAD will take more than 6 months to be processed.

Second Masters - H1B Selected. Next Steps?

Sample Questions via Email

When to start the New job on H1B?

I am currently working with company A and my H1B have validity until 2022. I got a new job offer from Company B. My H1B transfer is approved.

Now Company B is asking me to join the company on or before 10-May-2020, which is within 60 days of the approval notice date. Do we have any rules like that?

I am still working in my current employer and not resigned. I heard about 60 days grace period rule but not anything like this. Please let me know if there any rule like this

H4 Denied - What's Next?

My wife entered US on Sep 2018. Her initial H4 visa validity was given until Sep 2020. She departed to India in Sep 2019. I transferred my H1 Visa from Employer A to Employer B on Dec 2019 and it got approved.

My employer submitted an I-539 application for my wife's H4 transfer when She was in India.

She got a letter from USCIS to appear in front of Dallas H4 Biometric Center on Dec 13th. However, She was unable to attend as she was in India.

She came to the US on Feb 2020 and showed my H1 latest approved copy from Employer B at the port of entry and they marked i94 admit until date as Dec 2021 for her. My wife's I539 was denied by USCIS on Apr.

Can she stay in US as her i94 admit until date Dec 2021, or do need to apply for H4 Visa again

Non-Profit - Cap Exempt H1B Questions

1. I work for a university on a STEM-OPT which is valid until Sept 2020. My employer was about to file for a cap-exempt H1B in the coming days, but they are now hesitant on proceeding with this due to the executive order that was signed yesterday- this doesn't affect H1B being processed for someone who is already in the USA right?

2. What will be the way forward in this situation as they may add more visa categories in the near future? Would it be ideal to ask to file my petition now and file a premium when it opens again?

3. Will pending petitions be impacted by any future orders?

4. Would it be possible to provide me with a brief summary of your thoughts that I can share with my employer to make my case?

Thanks for your help:)

Sample Questions

Sample Questions via Phone

Sample Questions via Email

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