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20 Nov 2024

My H1B and my wife’s H-4 are both valid for another year. I am in the process of changing employers, and my new employer will be filing an H1B change-of-employer petition for me soon. Does my spouse need to file an I-539 to extend her H-4 status together with my H1B?

Answer Your spouse does not need to extend her H-4 status, given that her current I-94 is valid for another year. However, we usually recommend that the H-4 spouses file a new I-539 in these circumstances so that their H-4 end date matches the expiration of...

06:56 / FAQs / For Employers / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
12 Nov 2024

Should I use premium processing for my H1B extension to get it adjudicated before the Trump Administration takes office?

Answer Under the first Trump Administration, nearly every aspect of legal immigration became significantly more challenging. So, there is reason to believe that having one's application or petition filed and approved under the current administration may be beneficial. (12.Nov.2024)Sheela Murthy and other senior attorneys provide guidance...

19:10 / FAQs / For Employers / For Individuals / Worker
31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

17:25 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
23 Oct 2024

Years ago, I did something foolish and was found inadmissible based on fraud / misrepresentation by CBP. I applied for a new visa and a waiver at the consulate, which was approved, and I returned to the U.S. to resume employment on H1B. I have been in the U.S. ever since. My priority date is now current for my employment-based green card case. Since I already had a waiver approved, can I file my I-485?

Answer A fraud / misrepresentation finding makes one permanently inadmissible. The waiver that you applied for and received at the consulate waives inadmissibility only with regard to your admission as a nonimmigrant (e.g., H1B). In order to waive the inadmissibility for the purposes of becoming a...

10:49 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
09 Oct 2024

I am in H1B status and my wife and kids are on H-4. I am planning to travel to India for visa stamping, but my family will be staying here, as my kids are in school. Is it okay for my H-4 family members to be in the U.S. when I apply for stamping?

Answer Per a 2006 USCIS memo, “… an H1B or L-1 worker who appropriately brings his or her family to the United States may from time to time be stationed temporarily outside the United States while leaving the family in the United States for purposes of...

13:43 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
02 Oct 2024

My spouse’s L-1 is approved but my L2S extension is still pending. I do not want to lose my work authorization, so could I use my spouse’s L-1 approval to apply for an L-2 visa stamp, and then use that to get my L2S status extended?

Answer Yes, that generally is a sound strategy. If the principal's L-1 extension has already been approved, it normally can be used to apply for an L-2 visa at a consular post. With the L-2 visa and the L-1 approval, the dependent spouse normally can be...

10:21 / Consulates / FAQs / For Families / Nonimmigrant Family / Travel / Worker
02 Oct 2024

I just realized that we neglected to file my spouse’s H-4 extension when my employer extended by H1B status. Her I-94 has since expired. Should she leave the U.S. now? Will she be able to come back?

Answer If it has been 180 days or less since the date her I-94 expired, the best solution may be to leave the U.S. and apply for a new visa (being sure to disclose the overstay in the DS-160). If it’s been more than180 days, her...

07:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
18 Sep 2024

I was recently laid off from my H1B position, but my employer will continue to pay me for the next couple of months. During this time, if I move to a new employer, is it okay if I receive paychecks from both my former employer and my new employer for a period of time?

Answer Yes. Generally speaking, paychecks that overlap for a period of time under these circumstances would be fine, from an immigration perspective. (18.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

10:34 / FAQs / For Individuals / Worker