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05 Oct 2023

I just filed my H-4 and H-4 EAD extensions together. Both my I-94 and EAD are about to expire. Am I now allowed to work for 240 days based on the pending extension applications?

Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...

08:39 / FAQs / For Families / Nonimmigrant Family / Worker
28 Sep 2023

I was in H1B status and then changed to H-4. I now wish to move back to H1B status. Once the change of status petition is filed, can I start working based on the receipt notice?

Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.2023)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...

08:02 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
31 Aug 2023

I am in H-4 status and am enrolled in university as a full-time student. To be eligible for OPT after I graduate, do I need to be enrolled full time in F-1 status for a full year?

Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement does...

09:27 / F-1 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Student
10 Aug 2023

I understand that the USCIS has said, if an H1B worker is laid off, they may apply for a change to B-1 status to search for a job. And, if you find a job while the B-1 is pending, the employer can file the H1B petition using premium processing, and the USCIS will adjudicate the B-1 application at the same time as the H1B. Does the same rule apply for H-4 applications? In other words, if I apply for a change of status to H-4 instead of B-1, and then an H1B is filed for me while it’s pending, will USCIS expedite the H-4?

Answer That's a good question without a clear answer. The USCIS has specified that a B-1 (or B-2) change of status application would be expedited if it is still pending when an I-129 requesting premium processing is later filed for the same person. But no mention...

06:34 / FAQs / For Employers / For Families / Nonimmigrant Family / Visitor / Worker
27 Jul 2023

My husband is moving to a new project location, and his employer just filed an H1B amendment. Do I need to file an amendment for my H-4 EAD?

Answer No, an H1B amendment typically would not impact the validity of an H-4 spouse's EAD. (27.Jul.2023)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 © 2023, MURTHY LAW FIRM....

07:26 / FAQs / For Families / Nonimmigrant Family / Worker
20 Jul 2023

How long is the USCIS taking to adjudicate EAD applications?

AnswerThe USCIS has an online tool available that provides average processing time information for most types of applications and petitions. (20.Jul.2023)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...

06:56 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
21 Jun 2023

I applied for an H-4 extension and an H-4 EAD at the same time. My extension was approved, but my EAD is still pending. Is it okay if I travel outside the U.S., or should I stay here until the EAD is approved?

Answer Ordinarily, leaving the U.S. would not impact a pending H-4 EAD application.  (21.Jun.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...

17:25 / FAQs / For Families / Nonimmigrant Family / Travel
08 Jun 2023

I was working in H1B status and then moved to H-4. I am now considering a change back to H1B status. If I do this, can I still use the same H1B visa stamp in my passport for purposes of travel? It does not expire until the end of the year.

Answer Ordinarily, a change of status from H1B to H-4 would not impact the validity of the H1B visa "stamp" in one's passport. If the individual leaves the U.S. and wishes to return in H1B status, it typically would be possible to present the approved H1B...

07:38 / FAQs / For Families / Nonimmigrant Family / Worker
24 May 2023

I am in H1B status and my I-140 was just approved. My wife has been working for a U.S. company from India, and now wishes to apply for an H-4 EAD. Is it possible for her to apply from India?

Answer Unfortunately, in order to apply for an H-4 EAD, the individual normally must be physically in the United States when the application is filed. It is, however, typically possible to leave the U.S. while the EAD application is pending. (24.May.2023)Sheela Murthy and other senior attorneys...

17:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
16 May 2023

I recently entered the U.S. using my advance parole document. Can my wife now enter in H-4 status?

Answer Unless the principal spouse is in valid H1B status, the dependent spouse typically cannot enter in H-4 status. (16.May.2023)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 © 2023,...

07:51 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker