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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,...

13:23 / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Worker
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...

07:03 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family
28 Oct 2021

I have an H-4 EAD and am running a small business from my house. The business is registered in my name, and I am the sole employee. My EAD renewal is pending. If the new EAD is not issued before my current one expires, I will stop doing any business until the new EAD is issued. Do I have to take some formal step of shutting down my business during the EAD renewal period to show the USCIS that I am not working without authorization?

Answer There is no regulation that requires a person with an H-4 EAD to formally shut down a business while waiting for an EAD renewal to be approved. If you can show that the business was truly dormant during this period, it is hard to imagine...

09:05 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
14 Oct 2021

I am in H-4 status and am enrolled in a master’s program. Do I need to change to F-1 status in order to be eligible for the master’s cap after I graduate?

Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master's cap. (13.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

08:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student / Worker
04 Oct 2021

TN Status: Employment Option for Canadian and Mexican Citizens

Under the U.S.-Mexico-Canada Agreement (USMCA), qualifying Canadian and Mexican nationals can work in the United States in a wide range of positions under the USMCA professionals (TN) classification. Although the TN classification has some key limitations, in many cases it can provide employers with a...

11:20 / Consulates / For Employers / For Families / For Individuals / InfoArticle / Nonimmigrant Family / Options / Worker
11 Aug 2021

I have a valid H1B visa stamp, but my wife’s H-4 visa has expired. We have to travel to India for an emergency. If we cannot get NIEs, I understand we can go to a different country for 2 weeks to get around the COVID travel ban. However, can my wife apply for a visa at a consulate somewhere other than India?

Answer Normally, most U.S. consulates allow third-country nationals to apply for visas. During the pandemic, however, many consulates have imposed additional restrictions. Prior to scheduling your trip, we recommend checking the particular consulate's website for instructions on eligibility to apply as a third-country national.  (11.Aug.2021)Sheela Murthy...

10:40 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
04 Aug 2021

I filed my H-4 and H-4 EAD extensions with my husband’s H1B extension. His extension was approved through 2024, but my applications are still pending. I recently traveled and was issued a new I-94 valid through 2024 when I returned. Can I update the USCIS with my new I-94? Will it speed up the processing of my EAD?

Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...

16:57 / Employment Based / Family Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / USCIS News / Worker