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07 Jul 2022

I need to file to extend my H-4 status and the H-4 status of my son. My son is turning 21 next year, so he is only eligible for about 10 months of H-4 time. Is it ok to file his application as an I-539A supplement with my I-539 application?

Answer It is normally possible to file a dependent child's H-4 extension as an I-539A, along with the parent's I-539. However, the USCIS typically will issue the same I-94 expiration date for all the H-4 applicants, included in the I-539 and I-539A/s. So, in a case...

07:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
07 Jul 2022

I am doing various freelance jobs based on an H-4 EAD, which is valid through 2023. My H1B registration was selected in the lottery, and that H1B change-of-status request is pending. If the case is approved, do I have to stop using the H-4 EAD immediately?

Answer For an H1B case that was selected in this year's lottery, the petition should have requested a start date of October 1, 2022 or later. If the petition and change-of-status request are approved prior to the requested start date, you should be able to continue...

07:08 / FAQs / For Families / Nonimmigrant Family / Worker
05 Jul 2022

Nonimmigrant Visa Waivers – Process and Criteria

Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...

06:04 / Consulates / For Families / For Individuals / Homeland Security / InfoArticle / NewsBrief / Nonimmigrant Family / Student / Visitor / Worker
30 Jun 2022

My husband is on L-1 and I am working in L2S status. Our I-94s are valid until next year, but his employer is laying him off next week. Do I have to stop working immediately? Or is there any type of grace period?

Answer After being terminated, the principal L-1 worker is normally eligible for a 60-day grace period, or until the I-94 expires, whichever date is sooner. This period is considered valid status. If the L-1 spouse is in valid status and the L2S souse is otherwise maintaining...

16:26 / FAQs / For Families / For Individuals / Worker
23 Jun 2022

I am working in H1B status and have been offered a better job with a different company. Prior to joining the new employer, however, I would like to take some time off. If I quit my current job, can I make use of the 60-day grace period, or do you have to be fired to be eligible for the grace period?

AnswerAssuming you meet the standard criteria for the 60-day grace period, the fact that you have resigned – as opposed to being fired / laid-off – would not impact your eligibility to use the grace period. (22.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that...

07:49 / FAQs / For Individuals / Worker
23 Jun 2022

I have a BS in computer science and an MBA. My H1B registration was selected in the master’s cap, based on my MBA. My employer is now filing the H1B petition, but listed that the position requires at least a BS in computer science. Are they required to list the MBA as the minimum requirement? Will this create any problems with petition?

Answer The degree used to qualify for the master's cap does not have to be the same degree listed for the minimum education requirement in the H1B petition. If the position requires a BS in computer science, that is what should be listed on the petition....

07:45 / FAQs / For Employers / For Individuals / Worker