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26 Mar 2025

I am in H1B status and am trying to fill out an online form I-539 so I can change to H-4. The form asks me to list my current status, but the drop-down menu does not provide H1B as an option. What should I do?

Answer This question on the online I-539 is a bit confusing. To indicate you are in H1B status, you must select the “1B1 - H-1B1 Specialty Occupation” option. (26.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

13:13 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / USCIS News / Worker
19 Feb 2025

I am currently in H1B status. If I file an application to change status to H-4 together with an H-4 EAD application, will both cases be approved at the same time? I am trying to avoid a gap in my employment authorization.

Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

13:10 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
05 Feb 2025

I have a valid H1B visa stamp in my passport. If a new employer files an H1B for me for consular processing, does that mean I have to go again for stamping?

Answer If the H1B is filed for consular processing, it means the petition will not be approved with an I-94. If the beneficiary already has a valid H1B visa “stamp” in their passport, however, they do not need to go back to the consulate. Rather, the...

12:57 / Consulates / FAQs / For Employers / For Individuals / H1B / Travel / Worker
20 Nov 2024

My H1B and my wife’s H-4 are both valid for another year. I am in the process of changing employers, and my new employer will be filing an H1B change-of-employer petition for me soon. Does my spouse need to file an I-539 to extend her H-4 status together with my H1B?

Answer Your spouse does not need to extend her H-4 status, given that her current I-94 is valid for another year. However, we usually recommend that the H-4 spouses file a new I-539 in these circumstances so that their H-4 end date matches the expiration of...

06:56 / FAQs / For Employers / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
31 Jul 2024

I saw the announcement that the master’s cap was reached, but that the USCIS would be holding a second lottery for the regular cap. My case was filed for the master’s cap. Does that mean my case won’t be eligible for the second lottery?

AnswerGenerally speaking, if a case was filed in the master's cap but not selected, it is then placed in the lottery for the regular cap. Now, with a second lottery being conducted for fiscal year 2025 cap cases, both the regular and master's cap cases...

04:46 / FAQs / For Employers / For Individuals / H1B / USCIS News / Worker