Answer One who has received a master's degree or above from a nonprofit, accredited university normally would be eligible to file under the "master's cap." This applies, even if all the credits are taken through online courses. (There is a strict limit on the number of...
Answer You can only work based on an H1B receipt notice if you are in valid H1B status at the time the petition is filed. If you are changing from H-4 to H1B status, you must wait for the H1B petition to be approved before you...
Answer Yes, a person who resigns can still be eligible for the 60-day grace period, assuming one meets the other standard requirements (e.g., no violation of status, I-94 still valid). The same applies to one's H-4 dependents. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and...
Answer This is not common, but it does happen occasionally. The USCIS typically will adjudicate the accompanying H-4 application quickly when the H1B petition is filed for premium processing, but this is done as a courtesy and is not required. (24.Sep.2018)In frequent sessions of our Chat,...
Answer In order to change from H-4 to F-1, one would need to obtain an I-20 from the university's designated school official (DSO), then apply for a change of status (form I-539) with the USCIS. Keep in mind that one must be in valid status both...
Answer If one has an approved I-140 that is current valid and is maintaining valid H1B status, then the H-4 spouse in this situation should be able to apply for an H-4 EAD immediately. (20.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
Answer Unfortunately, no. Unlike certain other types of EADs, an H-4 EAD is not automatically extended upon filing. Approval is required to work lawfully, once the older EAD expires. (23.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer Unfortunately, one in this situation would likely have to become a passive investor in the business. One could continue to receive profits, but could not be actively involved in the business. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer In general, yes, both should be sent in the same envelope to ensure they reach the combined files. (18.Jun.2018)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...
Answer The H-4 COS will be abandoned when one leaves the U.S., but one can apply for an H-4 visa stamp to return at any time (assuming the principal spouse is in valid H1B status). A COS approval is not required to apply for a visa...
