News & Resources

FAQ: Traveling with a Pending AOS Application

Q: Can I travel outside the United States if I have a Form I-485, adjustment of status, application pending? A. Typically, the answer is no. If you depart the U.S. with a pending Form I-485, your adjustment application can be considered abandoned. However, you might be able to travel abroad if you have applied for and received an approved advanced paroled (AP) document from USCIS.  It typically takes 90 days from filing to receive the AP […]

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FAQ: Social Security Numbers

Social Security Numbers (SSNs) are a key component to many aspects of life in the U.S., but the issuance of SSNs to foreign nationals is restricted and we are often asked questions about it.  The following are answers and resources to provide you with information on this and related topics. Q: How does a noncitizen obtain a SSN? A: Noncitizens authorized to work in the U.S. by DHS can apply to obtain a SSN. Although, since […]

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FAQ: Student Options for Status Extension While Waiting on an H-1B

Q. How do I remain in status if I am in OPT / F-1 and an employer filed a cap-subject H-1B petition on my behalf that does not become effective until October 1? A. Most likely the student will need to apply for a cap-gap extension I-20. This is based on aregulatory provision which extends an eligible F-1 students status to bridge the gap between the end of F-1 status and start of H-1B status on […]

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FAQ: Alternatives to Cap-Subject H-1B Petitions

Unfortunately, many foreign nationals may have to wait until April 1, 2015 for another chance at filing for H-1B status. The following alternatives should be considered for affected employees: Cap-Exempt H-1B Visa These include petitions filed primarily for employment at an institution of higher education, a related or affiliated nonprofit entity, nonprofit research organization, or governmental research organization. H-1B visas are also available for beneficiaries filing for amendments, extensions, and certain employment transfers.

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Frequently Asked Questions

Q. As we approach the FY2015 H-1B filing season, I am asked, how does someone on OPT/EAD ending prior to October 1, 2014 bridge the cap of time between the end of their OPT and the beginning of the cap-subject H-1B status? A. Current regulations allow for eligible F-1 students to have their OPT/EAD status automatically extended to bridge the “cap-gap” between the end of their F-1 and the start of H-1B status. Eligible students must […]

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