News & Resources

F-1 Students: How to Handle the Cap-Gap

If you are an F-1 student who has recently graduated and are in post-competition optional practical training (OPT), you may have a gap between when your F-1 or OPT status ends and your H-1B status will begin, if selected.   Fortunately, USCIS has a policy in place that can allow you to stay, and often continue working, in the United States while you wait for news on your H-1B filing. You must: Be the beneficiary […]

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H-1B Cap Selection Is Complete. Now What?

On April 6th, USCIS announced that the cap of 85,000 new H-1B visas for FY2019 was met. They received a total of 190,098 H-1B cap petitions, 95,885 of which are master’s cap petitions. If you submitted a petition, you may be wondering, “What happens now? When will I know if mine is selected?” USCIS takes several weeks to months to notify which cases are selected in the lottery. Here is an overview of the process […]

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Tips for Employers to Complete Form I-983 for the F-1 OPT STEM Extension

One important requirement for the OPT STEM extension is the completion of a Training Plan using Form I–983. We created an FAQ to help you put together a plan. Download the PDF Now Still have questions? Reach out to the Marks Gray Immigration Team.

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FAQs: What to Expect at Your Employment-Based Green Card Interview

USCIS is now conducting in-person interviews for employment–based green cards. These types of interviews have not been conducted since the 1990s, so many people have questions about what to expect from the process. I am attending these interviews with my clients. Here is a summary of my observations and answers to the most frequently asked questions about employment–based green card interviews. Download FAQs.

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Prepare for the H-1B the Lottery: H-1B FAQs – Part 1

The demand for cap-subject H-1Bs continues to be high. Therefore, it is imperative that employers, employees, and their immigration counsel start petition preparations early. Job descriptions, salary, O*Net codes, Department of Labor (DOL) registration, the posting of required notices, and credential verification are only a few of the details that must be considered during preparation. Read part 1 of our FAQs, and check back next month for part 2. 1. What is the H-1B visa? […]

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Is It Possible to Extend My ESTA Admission Beyond 90 Days?

Many foreigners enter the United States using ESTA and ask us whether they can extend this status. The answer for most applicants is: no. If you need to stay for longer than 90 days, you do not qualify for the Visa Waiver Program using the Electronic System for Travel Authorization (ESTA). Instead, you can apply for a visitor B visa. The requirements for the B visa are similar to the Visa Waiver program. You can […]

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