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17 Sep 2019

Proposed Rule to End H-4 EAD Program Delayed Until At Least Spring 2020

On September 16, 2019, representatives from the U.S. Department of Justice (DOJ) submitted a filing to the U.S. Court of Appeals for the District of Columbia Circuit, indicating that the U.S. Department of Homeland Security (DHS) is still actively working on a rule to terminate...

16:14 / Employment Based / For Employers / For Families / For Individuals / Government / H-4 Dependents / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker
12 Sep 2019

After my project in the U.S. ended, I returned back to India. Now, my former H1B employer would like me to do some work on a new U.S. project from my home in India. Do I need to get a new H1B approved first?

Answer As a general rule, U.S. immigration law does not apply if the individual is not physically in the United States. So, there normally would be no need to apply for any type of U.S. work authorization if you are going to be working outside the...

12:54 / FAQs / For Individuals / Travel / Worker
12 Sep 2019

My previous employer is refusing to provide me with an experience letter. Is there anything I can do to force them to provide one to me?

Answer Ordinarily, an employer is not obligated to provide anyone with a experience letter. If one cannot obtain an experience letter from a current or former employer, there may be other documents that can be used place of such a letter (e.g., co-worker affidavits confirming your...

12:50 / Employment Based / FAQs / For Individuals / Resident / Worker
12 Sep 2019

I am working based on my H-4 EAD and was recently laid off. Will I be considered a public charge if I apply for unemployment benefits?

Answer Unemployment insurance payments (commonly referred to as "unemployment benefits") are not generally taken into consideration for purposes of making a public charge determination. As the U.S. Department of Homeland Security (DHS) explained when it released the final rule revising the definition of "public charge," unemployment...

12:37 / FAQs / For Families / For Individuals / Government / Homeland Security / Resident / USCIS News / Worker
29 Aug 2019

Next week, I am scheduled to travel to the U.S. to visit my adult children for a few months. I just realized that my B-1/B-2 visa stamp is going to expire next month. Does that mean I will only be issued an I-94 through the expiration date of the visa stamp?

Answer So long as the B-1/B-2 visa foil (commonly referred to as a "stamp") is valid at the time the person requests admission into the United States, the expiration date of the visa will generally not impact the validity period of the I-94 issued by the...

17:11 / FAQs / For Individuals / Travel / Visitor