28 Nov 2016

Does the new automatic EAD extension for 180 days after expiration when renewal is pending rule apply to H-4 EADs and L-2 EADs, or just to GC EADs?

Answer The new automatic EAD extension only applies in situations where no other approval is required. For H-4 and L-2 EADs, approval of the underlying status is required first, so the automatic extension is not available. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...

28 Nov 2016

If the parent sponsor is not financially stable enough to sponsor her son by herself, can her daughter, who is a U.S. citizen, be both her employer and a co-signer?

Answer Any U.S. citizen or green card holder can be a "joint sponsor" for a family-based immigrant visa case. (28.Nov.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...

10 Oct 2016

Can I start working after USCIS notification of EAD card production, but before receiving the physical card?

Answer This is generally not be possible, because one in this situation is normally unable to properly complete an I-9 form. (10.Oct.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...

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...