08 Dec 2022

I applied for an H-4 EAD a few months ago, and that case is still pending. I understand that I cannot start working until the EAD is approved. But, am I allowed to start applying for jobs now?

Answer Immigration law does not really limit the ability of an H-4 dependent to apply for a job before the EAD is issued. So, submitting a job application typically would not be considered a violation of H-4 status, so long as the H-4 spouse does not...

17 Nov 2022

I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

Answer Eligibility for unemployment benefits is based on state law, not immigration law. If you qualify for unemployment benefits, claiming such benefits typically would have no immigration impact. (16.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

11 Nov 2022

MurthyAudio: Money Matters – Ability to Pay and Affidavit of Support

The ability to pay for I-140 petitions based on labor certifications and the I-864 Affidavit of Support for family-based green cards is discussed by Murthy Law Firm attorneys in this 02.Nov.2022 podcast.The MP3 is available here and in the archive of our teleconferences and podcasts...

10 Nov 2022

My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?

Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while...