Answer No, a copy of the original I-140 (or the courtesy copy provided by the USCIS) should suffice. Even if the person does not have a copy, but can provide the receipt number, the USCIS should still be able to use this to process the H-4...
Answer Yes. A pending H-4 change-of-status application ordinarily would have no impact on one's existing H1B status. As long as the individual remains in valid H1B status, it typically is permissible to continue working for one's H1B employer. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance...
Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer There does not appear to be a definitive answer to this. Immigration law generally prohibits an H-4 spouse from working without a valid EAD. And, from the employer's perspective, there are certain requirements (e.g., form I-9 employment eligibility verification) that must be adhered to. But...
Answer If the principal spouse enters on advance parole, then typically the dependent spouse is no longer eligible to maintain valid H-4 status. (11.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer You can file a writ of mandamus against the USCIS to try to force the agency to adjudicate your case. If the court agrees that there has been an unreasonable delay in adjudicating the case, the judge could order the USCIS to complete its adjudication.That...
Answer There is no regulation that requires a person with an H-4 EAD to formally shut down a business while waiting for an EAD renewal to be approved. If you can show that the business was truly dormant during this period, it is hard to imagine...
Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master's cap. (13.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Normally, most U.S. consulates allow third-country nationals to apply for visas. During the pandemic, however, many consulates have imposed additional restrictions. Prior to scheduling your trip, we recommend checking the particular consulate's website for instructions on eligibility to apply as a third-country national. (11.Aug.2021)Sheela Murthy...
Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...
