23 Dec 2021

I am currently in H1B status, but am in the process of applying for a change to H-4 status and for H-4 EAD. Can I continue to work while my H-4/EAD applications are pending?

Answer Yes. A pending H-4 change-of-status application ordinarily would have no impact on one's existing H1B status. As long as the individual remains in valid H1B status, it typically is permissible to continue working for one's H1B employer. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance...

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...

24 Nov 2021

My I-94 and H-4 EAD are both going to expire next week. My H-4 and H-4 EAD extensions are both pending. I understand that I cannot work based on the pending EAD renewal. While waiting for the new EAD to be issued, do I have to resign from my position, or can I take an unpaid leave?

Answer There does not appear to be a definitive answer to this. Immigration law generally prohibits an H-4 spouse from working without a valid EAD. And, from the employer's perspective, there are certain requirements (e.g., form I-9 employment eligibility verification) that must be adhered to. But...

11 Nov 2021

My wife is in the U.S. in H-4 status. I had been on H1B status, but suddenly had to travel overseas. My H1B visa stamp has expired. Can I return to the U.S. using my AP document?

Answer If the principal spouse enters on advance parole, then typically the dependent spouse is no longer eligible to maintain valid H-4 status. (11.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

10 Nov 2021

NewsFlash! Major Improvements to Work Authorization Process for L-2 and Certain H-4 Spouses

The American Immigration Lawyers Association (AILA) announced today that a settlement has been reached with the U.S. Department of Homeland Security (DHS) related to work authorization for L-2 and certain H-4 dependent spouses.The official text of the settlement agreement has not yet been posted. However,...

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...

28 Oct 2021