Many nonimmigrant visa classifications allow children of the principal to apply for dependent status. For instance, an H1B worker's dependents typically may be admitted in H-4 status, while the dependents of an F-1 student may request admission in F-2 status. Upon reaching the age of...
Answer There is nothing preventing one in this situation from scheduling another interview and applying for an H-4 visa. You likely will be asked to withdraw the pending H1B, which is of little impact, as the job is no longer available anyway. (25.Mar.2019)In frequent sessions of...
Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last action...
The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as...
Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
Yesterday, the proposed regulation to terminate the program that allows certain H-4 spouses to obtain employment authorization was submitted to the White House Office of Management and Budget (OMB). This is one of the required steps in the formal rulemaking process, and signals that the...
In order to enter the United States in H1B status, a foreign national typically must first obtain an H1B visa foil (commonly referred to as a visa "stamp") from a U.S. consulate or embassy. This visa stamp generally will be annotated with the name of...
A federal district court judge in New York has blocked the Trump Administration from adding a controversial question regarding citizenship status on the 2020 census. The Administration claims the question is needed in order to protect minority-voting blocs. Critics, however, argue that the question is...
Answer There is no automatic extension of work authorization based on a pending H-4 EAD extension. If the H-4 EAD has expired, one is no longer permitted to work until the new EAD is received. One who works after the EAD has expired likely is working...
Answer If one's H1B I-94 has not yet expired, this may be possible, depending upon the circumstances. However, this is a complex question, so one in this situation should talk to a qualified attorney for individualized advice. (07.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and...
