13 Oct 2022

I was born in India, but recently became a citizen of Canada. My husband is an Indian citizen and is in the U.S. in H1B status. Do I have to go to the consulate to get an H-4 visa stamp?

Answer Generally speaking, Canadian citizens are visa exempt and do not require an H-4 visa to be admitted in H-4 status. (12.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

05 Oct 2022

I am in H-4 status and my husband has an approved I-140. I recently gave birth to our first child, and I have no intentions of working for the foreseeable future. As a precaution, however, I was considering applying for an H-4 EAD. Is this permitted even if I may never use the EAD?

Answer Yes, this is allowed. The H-4 EAD provides the individual with unrestricted work authorization, but it does not require that the person actually work. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

04 Aug 2022

If I get a U.S. master’s degree while in H-4 status, would that make me eligible for next year’s H1B master’s cap, or do I have to be in F-1 status to qualify?

Answer If you earn a U.S. master's degree from a qualifying university, you normally would qualify for the master's cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master's cap. (03.Aug.2022)Sheela Murthy and...

06 Jan 2022

Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs

A group of twenty-three Democrats in the U.S. House of Representatives have sent a letter to Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, urging him to take steps to reduce processing times for applications for employment authorization (form I-765) filed by H-4...

16 Dec 2021

I am currently working in H1B status. If I apply for a change of status to H-4, along with an H-4 EAD, can I continue to work while the applications are pending?

Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

04 Nov 2021

I filed an H-4 EAD renewal application about 4 months ago. I have heard that the USCIS frequently is taking 1 year or more to adjudicate these applications. Can I sue the USCIS to get them to adjudicate my EAD application?

Answer You can file a writ of mandamus against the USCIS to try to force the agency to adjudicate your case. If the court agrees that there has been an unreasonable delay in adjudicating the case, the judge could order the USCIS to complete its adjudication.That...

22 Apr 2021

My H1B extension was approved, but my wife’s H-4 and H-4 EAD applications are still pending. If I file a new I-539 and I-765 for her, will she have to do biometrics again?

Answer Generally speaking, a change of employer by the principal H1B spouse would not impact a pending H-4 or H-4 EAD, and would not necessarily require the filing of a new H-4 or EAD application. However, if a new application is filed, the USCIS may require...

15 Jul 2020

NewsFlash: H1B and H-4 Visa Applicants Sue Trump Administration Over President’s Order that Targets Nonimmigrant Workers

A large group of H1B and H-4 visa applicants have filed the first lawsuit against the Trump Administration's June 22, 2020, proclamation that prohibits the admission of certain nonimmigrants. Importantly, the lawsuit not only requests the court to rule on each individual's visa application, but...