Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last action...
Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.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...
Answer There is no automatic extension of work authorization based on a pending H-4 EAD extension. If the H-4 EAD has expired, one is no longer permitted to work until the new EAD is received. One who works after the EAD has expired likely is working...
Answer If one's H1B I-94 has not yet expired, this may be possible, depending upon the circumstances. However, this is a complex question, so one in this situation should talk to a qualified attorney for individualized advice. (07.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and...
Answer H-4 status is not tied to a particular employer, so one in this situation normally would not be required to file an extension. However, it is important to keep track of the different expiration dates, to avoid accidental overstays. (07.Jan.2019)In frequent sessions of our Chat,...
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...
