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 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...

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...

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...

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...