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28 Dec 2023

My wife presented her passport and H-4 visa at the port of entry when she last entered, but her I-94 was not extended to match my latest H1B extension. Was she required to present my most recent approval notice in order to get her status extended?

Answer If the latest approval notice is not presented, the CBP officer at the port of entry typically will not admit the dependent spouse beyond the expiration date listed on the visa (which generally is the expiration date from the original H1B approval notice).  (28.Dec.2023)Sheela Murthy...

07:53 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Travel / Worker
28 Dec 2023

I have been working in H1B status for a company for a few months, but am not happy with the position. When I first joined, I signed a contract that said, if I quit my job before I work for at least 18 months, I would be required to reimburse the employer for the costs involved in filing my H1B petition. Am I really required to pay this amount?

Answer An employer cannot impose a “penalty” against an H1B worker who leaves the company before the end of the H1B term. An employer, however, may be able to include a “liquidated damages” clause in an employment contract to recover certain expenses. The federal regulation explains,...

07:48 / FAQs / For Individuals / Worker
28 Dec 2023

I was laid off from my H1B position, and during my grace period, I applied for a change to B-2 status. That application is still pending. I now have to travel back to India for few weeks for personal reasons. I just found a company willing to sponsor me for a new H1B position. I asked the company to file the petition for consular processing, as I have a valid H1B visa stamp from my previous employer. The new employer told me that I would need to get another visa stamp because I overstayed, and therefore my existing stamp is invalid. Is that correct, or did my change of status application protect me from overstaying?

Answer If you filed the application to change status prior to the end of your grace period, this likely would have placed you in a period of authorized stay. Assuming you leave the U.S. while that application is still pending and return with a valid H1B...

07:44 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker
27 Dec 2023

Less Common Uses of H1B

No luck with traditional H1B sponsorship? You might still qualify for H1B as a full / joint company owner. Entrepreneur, concurrent, or part-time H1B may be a solution based on your unique circumstances. Contact Murthy Law Firm and find out how....

08:00 / HQ
26 Dec 2023

Your Question Featured

My H-4 and H-4 EAD have expired and my extensions are pending. Is it true that I am allowed to continue to work for up to 180 days? Find the answer here. You can also search our site for many FAQs!...

09:01 / Uncategorized
22 Dec 2023

Premature I-485 Approvals

Your priority date must be current when your I-485 is approved! Make sure your green card was not issued prematurely to avoid future complications. Read more on the topic....

10:05 / HQ
21 Dec 2023

“Peace on Earth, Goodwill to Men”

As the story of Christmas goes, these are the words the angels sang when Jesus was born in Bethlehem over two thousand years ago. Christians around the world repeat the refrain every year, but they are not alone. The high holidays of all the world's...

16:45 / Blog
20 Dec 2023

USCIS Updates Policy Guidance for F-1/M-1 Students

The USCIS has issued consolidated guidance for F/M students. It includes a variety of issues, including maintaining a foreign residence, impact of green card filing on F/M status, and working for a start-up on STEM OPT....

18:36 / HQ
20 Dec 2023

My H-4 and H-4 EAD have expired and my extensions are pending. Is it true that I am allowed to continue to work for up to 180 days?

Answer Unfortunately, if both your I-94 and EAD have expired, you are not allowed to work based on the pending extension. The 180-day extension only applies if the EAD extension is timely filed and the H-4 spouse's I-94 remains valid. (20.Dec.2023)Sheela Murthy and other senior attorneys...

18:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker