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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
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

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
29 Aug 2019

My son and I became green card holders nearly 5 years ago. I am about to apply for U.S. citizenship. Do I need to file a separate application for my son?

Answer Generally speaking, children under 18 automatically acquire U.S. citizenship if three requirements are met: (1) The child must have U.S. lawful permanent resident status (“green card” holder); (2) at least one parent must be a U.S. citizen by birth or naturalization; and (3) the child...

11:39 / Citizen / FAQs / For Individuals / Immigrant Family / Resident