Answer Yes, the H-4 application is not tied to the H1B worker’s employer. As long as the H1B spouse has maintained valid status, the other spouse normally is eligible to apply for and receive the H-4 (and, if qualified, an H-4 EAD). (22.Jul.2025)Sheela Murthy and other...
Answer Generally speaking, an approved I-140, including one that is self-sponsored, can be used by an H-4 spouse to apply for an H-4 EAD. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer The rules regarding whether a particular activity may be considered unauthorized employment are fairly vague. However, it seems very unlikely that the USCIS would view signing an offer letter as a form of unauthorized employment. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Yes, as things stand now, a child born in California would still be considered a U.S. citizen.California is one of 22 U.S. states that filed a lawsuit against the Trump administration regarding his executive order that purports to end birthright citizenship. This led to issuance...
It is the time of year when many former F-1 students are preparing to transition to H1B status. During this period, many F-1 students wish to travel abroad to visit family and friends, leading to questions about how such travel may affect their change to...
Answer No, the USCIS normally does not send a notification to a foreign national’s current employer when a new company files an H1B case for that individual. (11.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer Yes, an H1B worker can continue working in H1B status throughout this family-based green card process. There is no conflict between the H1B and the I-130 because ‘immigrant intent’ is not an issue for H1B workers. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that...
Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Unfortunately, a pending or approved I-130 petition cannot be used to extend one’s H1B status beyond the standard 6-year limit. (21.May.2025)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...
Answer Generally speaking, if an H1B worker uses all six years of H1B time and has no PERM or I-140 filed on their behalf, they would need to leave the U.S. for one year and then go through the H1B lottery again. (14.May.2025)Sheela Murthy and other...
