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12 Dec 2019

I am in H1B status and my wife is in H-4 status. She was issued an H-4 EAD based on my approved I-140. If she moves to H1B status, and I then change to H-4 status, can I use my approved I-140 to apply for an H-4 EAD?

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...

12:45 / Employment Based / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Resident
27 Nov 2019

I am in H1B status, and my wife and child are in H-4. My employer asked me to travel to India for three weeks to provide some training at the parent company. Can my wife and child stay in the U.S. for the duration of my trip?

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...

10:20 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
07 Nov 2019

I am currently working based on H-4 EAD. Can my company sponsor me for a green card under the EB3 category?

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...

13:12 / Employment Based / FAQs / For Employers / For Families / Nonimmigrant Family / Resident / Worker
31 Oct 2019

My H-4 EAD is about to expire, and my EAD renewal application has been pending for three months. If I submit an expedite request and that request is denied, will it negatively impact my pending EAD application?

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...

12:09 / Employment Based / FAQs / For Families / Nonimmigrant Family / Resident / Worker
17 Oct 2019

My husband is working in the U.S. in H1B status. I want to visit him periodically, but I need to stay in my home country most of the time because I am still at university. Can I apply for an H-4 visa, even though my trips will be fairly short? Or should I instead apply for a B-2 visa?

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...

12:25 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor / Worker
09 Oct 2019

My wife’s H-4 EAD application is pending. If I switch to a different H1B employer, will that create problems for her EAD application?

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...

15:28 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
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