08 Dec 2022

I applied for an H-4 EAD a few months ago, and that case is still pending. I understand that I cannot start working until the EAD is approved. But, am I allowed to start applying for jobs now?

Answer Immigration law does not really limit the ability of an H-4 dependent to apply for a job before the EAD is issued. So, submitting a job application typically would not be considered a violation of H-4 status, so long as the H-4 spouse does not...

17 Nov 2022

I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

Answer Eligibility for unemployment benefits is based on state law, not immigration law. If you qualify for unemployment benefits, claiming such benefits typically would have no immigration impact. (16.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

10 Nov 2022

My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?

Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while...

03 Nov 2022

I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...

27 Oct 2022

My employer is filing my H1B extension and my wife’s H-4 extension. However, they told me I needed to file for her H-4 EAD extension separately, on my own. Can I apply for her EAD extension while the H-4 extension is still pending? Or do I need to wait for the H-4 extension to be approved?

Answer Assuming the H-4 spouse qualifies, it normally is possible to file for an H-4 EAD extension (or initial H-4 EAD) while an H-4 extension is still pending. (26.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

13 Oct 2022

I was born in India, but recently became a citizen of Canada. My husband is an Indian citizen and is in the U.S. in H1B status. Do I have to go to the consulate to get an H-4 visa stamp?

Answer Generally speaking, Canadian citizens are visa exempt and do not require an H-4 visa to be admitted in H-4 status. (12.Oct.2022)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...

05 Oct 2022

I am in H-4 status and my husband has an approved I-140. I recently gave birth to our first child, and I have no intentions of working for the foreseeable future. As a precaution, however, I was considering applying for an H-4 EAD. Is this permitted even if I may never use the EAD?

Answer Yes, this is allowed. The H-4 EAD provides the individual with unrestricted work authorization, but it does not require that the person actually work. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....