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 This is a very technical issue, with the USCIS interpretations evolving. The answer is: maybe. It generally can be attempted, with the likelihood of success depending upon a number of factors. (27.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
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 It would be possible to keep working for Company A, as H1B cases are not "transferred" from one employer to the other. It would be possible to move to B later, as long as the petition has not been revoked; but that is not usually...
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 The status ends with the last day of the job. In order to change status, one generally needs to be in status at the time of filing. Options depend in part on how long it will take to find a job, etc. I recommend you...
Answer In order to file for H1B based upon having spent a year abroad, it is necessary to qualify at the time of filing in April. Thus, it is already too late to qualify for the April 2017 cap season (assuming a lottery is necessary). Whether...
Answer If the case was improperly denied, there is an option to file a motion to reopen / reconsider or an appeal within 30 days of the denial. Unless the case is approved, though, one would typically need to reapply the following year through the lottery....
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...
