Answer Assuming you otherwise qualify for an H-4 EAD, it generally is possible to apply for the EAD while a change of status to H-4 is pending. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...
Answer The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the...
Answer If your wife and child each have valid H-4 visa "stamps" in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp....
Answer It is quite likely that this Order will be challenged in Court. Section 212(f) of the Immigration and Nationality Act gives the President the ability to restrict "entry" of foreign nationals into the U.S. The President's powers and its limits under the law are not...
Answer The visa "stamp" in the passport is only an entry document - it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one's authorization to remain in the USA. That...
Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According to...
Answer There is no set limit to the number of times a person may be admitted in B-2 status, or how many times their status may be extended. CBP officers at the port of entry always have discretion to admit (or deny admission) to a person...
Answer No, the USCIS does not offer premium processing for H-4 applications or for EAD. (03.Jun.2020)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 © 2020, MURTHY LAW FIRM. All...
Answer No, the application for employment authorization (form I-765) now includes a section that allows a person to apply for aSocial Security Number while applying for an EAD. A person typically is only ever issued one SSN; that number is unique and remains associated with that...
