07 Jan 2019

I am in H-4 status and my I-94 is valid through March 2020. My husband just moved to a new employer, and his H1B I-94 is valid through December 2021. Do I need to file a new I-539 because of his change of employer?

Answer H-4 status is not tied to a particular employer, so one in this situation normally would not be required to file an extension. However, it is important to keep track of the different expiration dates, to avoid accidental overstays. (07.Jan.2019)In frequent sessions of our Chat,...

17 Dec 2018

I am in H-4 status, and am about to graduate with a master’s degree from an online university that is public and accredited. Can I qualify to file an H1B under the master’s cap?

Answer One who has received a master's degree or above from a nonprofit, accredited university normally would be eligible to file under the "master's cap." This applies, even if all the credits are taken through online courses. (There is a strict limit on the number of...

08 Oct 2018

If I quit my H1B job, am I eligible for the 60-day grace period? Or, does the grace period only apply if I am fired? Also, if I do get a grace period, what about my H-4 spouse?

Answer Yes, a person who resigns can still be eligible for the 60-day grace period, assuming one meets the other standard requirements (e.g., no violation of status, I-94 still valid). The same applies to one's H-4 dependents. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and...

24 Sep 2018

My husband’s H1B extension was filed for premium processing and my H-4 extension was included with his filing. His H1B was approved within a couple of weeks, but my case is still pending. Is this normal?

Answer This is not common, but it does happen occasionally. The USCIS typically will adjudicate the accompanying H-4 application quickly when the H1B petition is filed for premium processing, but this is done as a courtesy and is not required. (24.Sep.2018)In frequent sessions of our Chat,...

20 Sep 2018

USCIS Data Shows General Increase in Processing Times

The U.S. Citizenship and Immigration Services (USCIS) has released a table of the national average processing times by fiscal year for various types of forms, through the first half of FY18. The U.S. government fiscal year runs from October 1st through September 30th. The data shows that...