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26 Sep 2019

I am working for my own company based on an H-4 EAD. Can my company sponsor an H1B worker?

Answer Generally speaking, virtually any U.S. company, including one owned by someone with an H-4 EAD, may sponsor H1B workers. That being said, you likely need a backup plan in case the H-4 EAD program is terminated in the future. Also, sponsoring a close family (like...

09:10 / Employment Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
26 Sep 2019

My husband and I are citizens of Singapore. He is in H1B1 status with an approved I-140, and I am in H-4 status. Am I eligible to apply for an H-4 EAD?

Answer Unfortunately, the H-4 EAD option is limited to H-4 spouses of H1B workers. It is not available to H-4 spouses of H1B1 workers. (25.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

09:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Travel / Worker
21 Aug 2019

I am currently in F-2 status, and am applying for a change to F-1 status. If the change-of-status application is denied, will my F-2 status be revoked?

Answer Ordinarily, if an application to change status is denied, this would not impact one's existing F-2 status. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...

13:38 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student
07 Aug 2019

I am filing a change-of-status application from H1B to H-4 shortly before my H1B I-94 expires. Can I stay in the U.S. while the application is pending, even after my I-94 expires?

Answer One who has timely filed for a change or extension of status normally would be permitted to remain in the U.S. until a decision on the application is issued. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:10 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
24 Jun 2019

My wife recently applied to extend her H-4 status and renew her H-4 EAD. If I switch to a different H1B employer, will that impact her pending cases?

Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

08:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
20 May 2019

I am in H-4 status and my H1B petition was approved for consular notification. Do I have to go to my home country to get my H1B visa stamp?

Answer Normally, one can apply for a visa "stamp" in any country, outside the U.S., where one is physically present. However, check the consulate's website before traveling, as some have unique rules for third-country nationals. Also, if you apply at a consulate other than the one...

09:02 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker