Attorney Huh's Immigration Blog

published by NY/NJ Immigration Lawyer Seoyoun Huh

F-1/H-1B Cap-Gap

What is the H-1B cap?
The cap is the congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Currently, the cap is 65,000, with certain statutory cap exemptions.
What is the F-1/H-1B “cap-gap” and how does it occur?
The earliest date that an employer can file an H-1B [...]

Travel Outside the U.S. While on OPT – Can I re-enter the U.S.?

1. If your OPT application is pending and your I-20 has expired, it is not recommended to travel outside the U.S. Your re-entry may be denied. If you decide to travel, make sure that you take I-797 receipt notice.
2. If your OPT application is approved (and you have your EAD card), but [...]

Won’t I be able to get a green card if I apply for public benefits?

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual who is likely at any time to become a public charge is inadmissible to the United States and ineligble to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge.
For purposes of determining inadmissibility, [...]

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Attorney Profile

Seoyoun Huh
(201) 468-0201

Ewha Womans University (B.H.E & B.B.A)
University of Wisconsin Law School (J.D.)

Admitted to Bar:
New York, New Jersey, Wisconsin