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09 Oct 2019

My wife’s H-4 EAD application is pending. If I switch to a different H1B employer, will that create problems for her EAD application?

Answer A change to a different employer by the principal H1B holder normally has no impact on the spouse's pending H-4 EAD. (09.Oct.2019)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...

15:28 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
07 Oct 2019

NewsFlash! Health Insurance Required for Admission on Immigrant Visa, Effective 01 Nov 2019

On Friday, October 4, 2019, President Trump issued an executive order that will bar entry of a foreign national requesting admission on an immigrant visa unless the individual has qualifying health insurance, will have such health insurance within 30 days of admission, or "… has...

11:06 / Employment Based / Family Based / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Resident
27 Sep 2019

U.S. Senate May Allow Vote on Bill to Remove Per-Country Limits

Since its introduction, the Fairness for High-Skilled Immigrants Act (H.R. 1044 / S. 386) has been the subject of great interest and excitement within immigration circles. The bill would eliminate the per-country cap on employment-based green card petitions and increase the cap on family-based petitions....

15:15 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / Legislation / NewsBrief / Resident / Worker
26 Sep 2019

I am working for my own company based on an H-4 EAD. Can my company sponsor an H1B worker?

Answer Generally speaking, virtually any U.S. company, including one owned by someone with an H-4 EAD, may sponsor H1B workers. That being said, you likely need a backup plan in case the H-4 EAD program is terminated in the future. Also, sponsoring a close family (like...

09:10 / Employment Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
26 Sep 2019

My husband and I are citizens of Singapore. He is in H1B1 status with an approved I-140, and I am in H-4 status. Am I eligible to apply for an H-4 EAD?

Answer Unfortunately, the H-4 EAD option is limited to H-4 spouses of H1B workers. It is not available to H-4 spouses of H1B1 workers. (25.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

09:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Travel / Worker
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

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
29 Aug 2019

I have been working as a manager for a company in India for two years. I am now being transferred to the U.S. subsidiary to work as a manager in H1B status. Do I need to move to L1A status to be able to file for EB1 as a manager/executive? If the company does not want to sponsor me for EB1, can I sponsor myself?

Answer One does not need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. But, the EB1(c) petition must be sponsored by the employer. The only type of EB1 case that can be self-sponsored is EB1(a), which...

16:37 / EB1 Category / Employment Based / FAQs / For Individuals / L-1 / Resident