The fiscal year 2017 (FY17) H1B cap season continues to wind down. The U.S. Citizenship and Immigration Services (USCIS) confirmed that the latest stage, the return of all H1B petitions that were not selected in the lottery, was completed on July 8, 2016. Given the...
The Murthy Law Firm is pleased to report that we were recently successful in reversing a denial issued on an adjustment of status (form I-485) application, leading to our client being issued her long-awaited green card. The applicant faced significant challenges due to a problematic...
Answer The visa can only be granted for one petition. But, the other petition is supposed to be noted on the visa; the consular officer must be made aware that there is a second petition. (11.Jul.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer Yes. A person in H-4 can go to school (full time or part time) without impacting the EAD. The EAD provides work authorization, but it does not obligate the H-4 spouse to actually be working. And, it certainly does not impact the ability of an...
Answer An H-4 spouse who has worked using a valid EAD may be eligible for unemployment benefits. But, it would be necessary to look at the unemployment requirements in your particular state. Note, however, that a contractor is self-employed, and therefore is generally not eligible to...
Originally published May 5, 2013, this NewsBrief has been updated for MurthyDotCom readers.The term "cap gap" refers to the period of time between April 1st and October 1st each year when many F-1 students experience a gap from the end of their optional practical training...
Answer This is a very technical issue, with the USCIS interpretations evolving. The answer is: maybe. It generally can be attempted, with the likelihood of success depending upon a number of factors. (27.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer Changing to H-4 EAD does not make a person subject to the H1B cap. Assuming the individual still has H1B time remaining (or is eligible to extend beyond the standard 6-year max, based on a pending LC or an approved I-140), it generally is possible...
Answer Ordinarily, the H-4 spouse falls out of status following the last day of the H1B beneficiary's position. If there is an H1B job termination without notice, the status termination is also immediate. This is the risk of being in H-4 - both husband and wife...
Answer It would be possible to keep working for Company A, as H1B cases are not "transferred" from one employer to the other. It would be possible to move to B later, as long as the petition has not been revoked; but that is not usually...
