19 Sep 2016

My H1B extension and my spouse’s H-4 extension are pending. Can my spouse file for H-4 EAD while the H-4 extension is pending?

Answer An H-4 EAD application may be filed while the H1B and H-4 extensions are still pending. But, the H-4 EAD cannot be approved until the H-4 extension is approved. And, the H-4 extension generally will not be approved until the H1B extension is granted. (19.Sep.2016)In...

09 Sep 2016

I initially came to the U.S. in H-4 status as a dependent of my spouse. I completed a bachelor’s degree in computer science, and decided to apply for admission to an MBA program. …

... Once admitted, I changed to F-1 status and completed that degree. I applied and was authorized for the 12-month optional practical training period, which ends in a few weeks. I would like to apply for a 24-month OPT extension, based on my bachelor's degree...

01 Aug 2016

My 6 years on H1B is about to expire, but I have a newborn who was born premature and will be in the ICU for several months. Can my H1B be extended beyond 6 years based on my family’s medical needs?

Answer The six years of H1B time is set by statute and cannot be extended for humanitarian reasons. It can only be extended based upon recapturing unused time abroad or based upon a qualifying GC case. If the status is ending, and the family cannot travel...

20 Nov 2015

I initially entered the U.S. in F-2 dependent status. Because my spouse changed his F-1 to H1B, I also filed an application to change from F-2 to H-4 dependent status. …

... This application was approved in August for the start date of October 1. However, because I enrolled in a degree program, I also filed an application for change of status to F-1. The F-1 application was approved in September with an immediate effect. Now,...