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24 Mar 2026

I have a pending I-485 application for adjustment of status and decided not to renew my H1B and to switch to my EAD. Am I still in an immigration status?

Answer A pending I-485 application alone does not grant an immigration status but instead places the applicant in a period of authorized stay, which means the applicant can be present in the United States without accruing unlawful presence. (25.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...

22:51 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
18 Mar 2026

My H-4 EAD renewal is still pending and my current EAD will expire soon. Because of processing delays, my work authorization may be interrupted, and I will need to stop working. Can I file a writ of mandamus lawsuit to force USCIS to adjudicate my H-4 EAD application?

Answer This may be an option provided that the H-4 EAD renewal has been pending for longer than what a court might consider reasonable. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

06:16 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / USCIS News / Worker
14 Jan 2026

Do we still get automatic extension of H-4 EADs based on applying for a renewal?

Answer Unfortunately, the rule allowing for the automatic extension of EADs based on a pending renewal was eliminated in October 2025. EAD renewal applications filed on or after 30.Oct.2025 normally are not granted automatic extensions. (13.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

07:22 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Worker
29 Oct 2025

I am in the U.S. on L-1 status, but my family is still abroad. If I obtain my green card, can my family come to the U.S. afterwards on L-2 status and apply for their green cards?

Answer Once the primary L-1 visa holder becomes a permanent resident, they are no longer in L-1 status, and their family members are no longer eligible for L-2 status. The family would need to enter the U.S. prior to the principal L-1 visa holder becoming a...

05:29 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
18 Sep 2025

When I was living in the U.S. in H-4 status, my husband and I mistakenly believed my status was automatically extended when his H1B extension was approved. By the time I learned I was supposed to file a separate H-4 extension, I had already overstayed by more than six months. I immediately left the U.S. and now wish to apply for a waiver to the 3-year bar so I can return H-4. Is there a particular form I need to fill to file this waiver application?

Answer There is no form or specific format required for requesting 212(d)(3) nonimmigrant visa waiver. The applicant may submit an application package – usually at a consular post, in connection to applying for a nonimmigrant visa – that includes things such as a letter providing details...

08:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
10 Sep 2025

I was in H-4 status and have an H-4 visa stamp in my passport. A few months ago, my husband was laid off and we both changed to B-2 status. He now has a new job, so he changed back to H1B, and I returned to H-4 status. Can I still use my existing H-4 visa stamp?

Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...

07:18 / B-2 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Travel / Visitor / Worker
12 Aug 2025

My son is on H-4 and recently was granted an extension valid through 2027. He turns 21 at the end of this year. Can he remain in H-4 status through the expiration date listed on his I-94?

Answer Unfortunately, once a dependent child turns 21, they are no longer eligible for H-4 status through their parent. He cannot rely on a USCIS error to continue his stay in H-4 past his 21st birthday. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

17:26 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker