Answer Yes. A person in H-4 can go to school (full time or part time) without impacting the EAD. The EAD provides work authorization, but it does not obligate the H-4 spouse to actually be working. And, it certainly does not impact the ability of an...
Answer An H-4 spouse who has worked using a valid EAD may be eligible for unemployment benefits. But, it would be necessary to look at the unemployment requirements in your particular state. Note, however, that a contractor is self-employed, and therefore is generally not eligible to...
Answer Changing to H-4 EAD does not make a person subject to the H1B cap. Assuming the individual still has H1B time remaining (or is eligible to extend beyond the standard 6-year max, based on a pending LC or an approved I-140), it generally is possible...
Answer Ordinarily, the H-4 spouse falls out of status following the last day of the H1B beneficiary's position. If there is an H1B job termination without notice, the status termination is also immediate. This is the risk of being in H-4 - both husband and wife...
Answer The H1B extension can be filed six months in advance of the requested start date. The H-4 filing can accompany the H1B. (20.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer Generally speaking, it is possible to file an I-485 after one's I-94 has expired and an H1B extension is pending. However, in order for the I-485 to be approved, there cannot be a gap of more than 180 days between the filing and an approved...
Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer There is nothing particularly new in this regard, other than what was posted a while ago about the OMB process. These things take a lot of time and need multiple internal government approvals. But, even if the rule is finalized, you should review our NewsBrief...
Answer The NIW and the J-1 (Conrad) waivers serve two different purposes. The NIW is a green card filing that waives the requirement of a PERM labor in the GC process. The Conrad 30 waives the J-1 2-year home residency requirement (HRR) for physicians. People subject...
Answer Typically, the USCIS would just send an RFE for photos that comply with USCIS requirements. (06.Jun.2016)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 more FAQs...
