23 Feb 2018

I’ve been attending a university as a full-time student in H-4 status as a dependent of my father on H1B. I have one semester left before the end of my program of study. …

... Next month, I will be turning 21 and will no longer be eligible for H-4. What should I do? Answer You must apply for change of status to another nonimmigrant status for which you may be eligible, by your 21st birthday, in order to comply with...

16 Feb 2018

Can I travel on F-1 during cap gap OPT?

Answer In order to travel in F-1 status during the cap-gap period, your H1B petition has to be approved before your departure. In addition, you should return before October 1st, when your H1B employment is scheduled to begin.If you leave the U.S. while your H1B petition...

12 Feb 2018

Can a person with an H-4 EAD work for two different companies at the same time?

Answer In general, yes, the H-4 EAD is unrestricted, meaning that it is not tied to a particular employer. It can be used for multiple employers, or even for self-employment. (12.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

12 Feb 2018

I am applying for an H-4 extension of status and an H-4 EAD renewal, but my passport expires in five months. Can the USCIS approve the extension and EAD beyond the passport validity date?

Answer In general, yes. The shortened passport generally is an issue at the port of entry, where it will result in a short-duration I-94 (tied to the passport validity). But, the USCIS typically can grant an extension of status beyond the expiration date. The EAD expiration...

12 Feb 2018

I have an approved I-140 and I just got married. When do I add my spouse to my case?

Answer One's "after-acquired" spouse typically would file the I-485 application together with the principal applicant, once the priority date becomes current. Normally, until then, no action is required. (12.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

05 Feb 2018

Can I be sponsored for a green card by my U.S. citizen sister while I am also being sponsored by my employer for an EB2 case?

Answer There is no prohibition on having multiple employment- and family-based immigrant visa petitions filed on one's behalf. The sibling (FB4) category is backlogged by decades, however. (05.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

05 Feb 2018

I am being sponsored for an H1B extension/change of employer. Do I need to file an H-4 extension for my husband at the same time, or can his H-4 extension be filed later?

Answer Either option would generally be acceptable, although filing together can prevent mistakes later on. It is easy to forget to extend the H-4. (05.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...