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 It would be possible to move to B later, as long as the petition has not been revoked; but that is not usually...
Answer The H1B extension can be filed six months in advance of the requested start date. The H-4 filing can accompany the H1B. (20.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer The status ends with the last day of the job. In order to change status, one generally needs to be in status at the time of filing. Options depend in part on how long it will take to find a job, etc. I recommend you...
