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18 Apr 2024

My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said they must pay her because of Department of Labor rules. Is there any way get an H-4 EAD?

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07:18 / Employment Based / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Resident / Worker
03 Apr 2024

After my I-140 petition was approved, my son aged out before the priority date became current. My I-485 was recently approved, and I now plan to sponsor my son for a green card. Can I use the priority date from my old I-140?

Answer Unfortunately, no, the priority date from one's I-140 cannot be transferred to an I-130 petition. (03.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2024, MURTHY LAW FIRM....

07:20 / FAQs / For Families / For Individuals / Immigrant Family / Resident
20 Mar 2024

I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...

14:22 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Travel / Worker
13 Mar 2024

I got a green card through my employer, and I have a son who is a U.S. citizen by birth. We have decided to move back to India for a few years due to family reasons, which will mean giving up my green card. When my son turns 21, can he sponsor me for another green card?

Answer The fact that you had a green card and then abandoned it typically would not prevent you from being sponsored by your U.S. citizen child for another green card (once the child reaches the age of 21). (13.Mar.2024)Sheela Murthy and other senior attorneys provide guidance...

07:56 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel
21 Feb 2024

I am in F-1 status and my wife is in F-2. I found an employer to file an H1B registration for me this year. Does anything need to be filed for my wife during the registration period?

Answer No, there normally is nothing that would need to be filed for the H1B principal's dependents during the registration period. (21.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

13:24 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Student / Worker
01 Feb 2024

I was in H-4 status and was working based on an H-4 EAD. In October, my status changed to H1B, and I was working in that status until recently, when I was laid off. If I depart and return on H-4, can I work as a contractor based on my H-4 EAD?

Answer If you are able to return in valid H-4 status, and the H-4 EAD is still valid, it should be possible to resume working on that EAD. (01.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

08:41 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker
28 Dec 2023

My wife presented her passport and H-4 visa at the port of entry when she last entered, but her I-94 was not extended to match my latest H1B extension. Was she required to present my most recent approval notice in order to get her status extended?

Answer If the latest approval notice is not presented, the CBP officer at the port of entry typically will not admit the dependent spouse beyond the expiration date listed on the visa (which generally is the expiration date from the original H1B approval notice).  (28.Dec.2023)Sheela Murthy...

07:53 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Travel / Worker
20 Dec 2023

My H-4 and H-4 EAD have expired and my extensions are pending. Is it true that I am allowed to continue to work for up to 180 days?

Answer Unfortunately, if both your I-94 and EAD have expired, you are not allowed to work based on the pending extension. The 180-day extension only applies if the EAD extension is timely filed and the H-4 spouse's I-94 remains valid. (20.Dec.2023)Sheela Murthy and other senior attorneys...

18:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
14 Dec 2023

I am in L2S status. I understand that I am automatically authorized to work, but that I am also eligible to apply for an EAD. Is there any reason to apply for an EAD while in L2S status?

Answer There typically is no need to apply for an EAD while in L2S status. There are some relatively unusual scenarios where, perhaps, it would have been best if the L2S spouse had applied for an EAD. But, for most L and E dependent spouses, there...

07:16 / FAQs / For Families / Nonimmigrant Family / Worker