Answer Ordinarily, yes, the dependent spouse must be in the U.S. at the time the H-4 EAD application is filed. After filing, however, one typically may travel abroad without impacting the pending EAD application. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer After completing 6 years in H1B status, in order to be eligible to reapply under the H1B cap (i.e., H1B lottery), one generally would need to be outside the United States for at least one year prior to the date the cap-subject H1B petition is...
Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...
Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...
Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)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 © 2019, MURTHY LAW FIRM. All Rights...
Answer The USCIS may limit, deny, or refer for removal an H-4 dependent who is not primarily intended for the purpose of being with the principal worker in the United States. Further, USCIS officers may adjudicate applications for dependent stays in order to prevent an H1B...
Answer Working based on an H-4 EAD typically would have no impact on a company's ability to sponsor you for a green card. As long as you meet the standard requirements, the company can sponsor you for an EB3 position. (07.Nov.2019)Sheela Murthy and other senior attorneys...
Answer In the current environment, the USCIS generally will only approve an expedite request if the person can provide a compelling reason and strong supporting evidence for the expedite request. That being said, if the request is denied, this normally should not negatively impact the pending...
Answer Normally, there is no issue with the spouse of an H1B worker traveling back and forth using an H-4 visa, even for short trips to the U.S. It is possible to do this with a B-2 visa, as well; but, unlike B-2 visitors, a person...
Answer A change to a different employer by the principal H1B holder normally has no impact on the spouse's pending H-4 EAD. (09.Oct.2019)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...
