Have legal questions? Justia Ask A Lawyer lets you get free answers to your legal questions from experienced attorneys. Whether you need guidance on family law, criminal defense, personal injury, immigration, employment law, real estate, or another legal matter, you can ask your questions anonymously and get the answers you need.
Justia Ask A Lawyer
Free Answers From Lawyers to Your Legal Questions!
View Questions by Practice Area
View Questions by State
Lawyers, Answer Questions & Get Points
Log In
Recent Questions & Answers
Q: Can I transfer my I-20 to a PhD program before H1B decision to avoid falling out of status?
I applied for OPT late after the DSO recommendation, with my program ending on May 10. My OPT was denied on August 27, but I filed for H1B on June 30, and I'm currently on H1B cap gap status. I'm not working right now. The RFE I received was about a specialty occupation, and my employer... View More 
Lidice Samper
answered on Oct 8, 2026
answered on Oct 8, 2026
I understand the worry; being between a pending H-1B and a new program is stressful. While the cap-gap extension is in place, you remain in F-1 status, and a student in valid F-1 status can generally request a SEVIS transfer to a new school. A transfer does not by itself undermine the H-1B change... View More
Q: How can I cancel a voluntary departure in Florida?
I recently submitted a request for voluntary departure but have now decided I want to cancel it. I have already purchased a flight ticket for October 17th. Can canceling my voluntary departure lead to any legal problems or issues?
Lidice Samper
answered on Oct 8, 2026
answered on Oct 8, 2026
I understand, and with a flight already booked for October 17, it is important to act carefully. The answer depends on whether an immigration judge has already granted voluntary departure or whether your request is still pending. If it has not been granted yet, you may be able to withdraw the... View More
Q: How does a lost citizenship file affect processing time in California?
I applied for citizenship in June last year, and at my recent interview, the officer told me that my file had been lost. They informed me that I would receive a letter indicating the rescheduling of my appointment. I'm concerned about how this might affect the processing time for my... View More
Lidice Samper
answered on Oct 8, 2026
answered on Oct 8, 2026
I understand how unsettling it is to hear that your file was lost after waiting more than a year. Misplaced files are not unusual, and USCIS will usually locate the file or rebuild it before rescheduling. This does not count against you, but it can add weeks or months. Importantly, federal law... View More
Q: Are there options for humanitarian parole or exemptions to reunite with my husband in the U.S.? How can I access resources for families in Yemen?
I am an American citizen currently in Yemen with my husband, a Yemeni national, and our one-year and four-month-old American citizen child. My husband applied for an IR-1 visa, and after his interview at the U.S. Embassy in Riyadh, a decision to prevent entry under Article 212(f) was issued against... View More
Lidice Samper
answered on Oct 8, 2026
answered on Oct 8, 2026
I hear you, and I am so sorry your family is facing this in the middle of airstrikes. A refusal under Section 212(f) rests on a presidential proclamation, and courts generally will not review consular decisions, so there is no traditional appeal. Your options are mostly practical: read the refusal... View More
Q: What are the risks of transitioning jobs on an H1B visa at a startup?
I am currently on an H1B visa and have received a job offer to work as a Growth Lead at a Y-combinator startup while presently serving as a manager at an expert network firm. I would like to understand the risks involved in making this transition, particularly concerning my visa status and the... View More
Lidice Samper
answered on Oct 8, 2026
answered on Oct 8, 2026
I understand; changing jobs on an H-1B is exciting, but the timing has to be handled carefully. Because you are already counted against the cap, the startup can file a change of employer petition without a new lottery, and under H-1B portability you may generally start working there once the... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
