12 Dec 2019

I am in H1B status and my wife is in H-4 status. She was issued an H-4 EAD based on my approved I-140. If she moves to H1B status, and I then change to H-4 status, can I use my approved I-140 to apply for an H-4 EAD?

Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)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 © 2019, MURTHY LAW FIRM. All Rights...

17 Sep 2019

Proposed Rule to End H-4 EAD Program Delayed Until At Least Spring 2020

On September 16, 2019, representatives from the U.S. Department of Justice (DOJ) submitted a filing to the U.S. Court of Appeals for the District of Columbia Circuit, indicating that the U.S. Department of Homeland Security (DHS) is still actively working on a rule to terminate...

11 May 2018

Updated Rulemaking Agenda Again Lays Out Trump’s Harsh Plans for Foreign Nationals

At the end of 2017, MurthyDotCom summarized a number of concerning immigration regulations under consideration by the Trump Administration in the NewsBrief, Troubling Immigration Rules, Including End of H-4 EAD, on Trump’s Rulemaking Agenda (2017.Dec.15). While none of the rules has yet come to light,...

23 Feb 2018

I’ve been attending a university as a full-time student in H-4 status as a dependent of my father on H1B. I have one semester left before the end of my program of study. …

... Next month, I will be turning 21 and will no longer be eligible for H-4. What should I do? Answer You must apply for change of status to another nonimmigrant status for which you may be eligible, by your 21st birthday, in order to comply with...

19 Jun 2017

I am in H1B status. Can I file two change-of-status applications at the same time – one for H-4 status, and the other for F-1?

Attorney There is nothing prohibiting multiple filings. However, the general rule is that the last approval will govern one's status. So, once the desired application is approved, it is important to withdraw the unwanted application, to avoid ending up in the "wrong" (unwanted) status. Unfortunately, even...