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24 Nov 2021

My I-94 and H-4 EAD are both going to expire next week. My H-4 and H-4 EAD extensions are both pending. I understand that I cannot work based on the pending EAD renewal. While waiting for the new EAD to be issued, do I have to resign from my position, or can I take an unpaid leave?

Answer There does not appear to be a definitive answer to this. Immigration law generally prohibits an H-4 spouse from working without a valid EAD. And, from the employer's perspective, there are certain requirements (e.g., form I-9 employment eligibility verification) that must be adhered to. But...

08:46 / FAQs / For Families / Nonimmigrant Family / Worker
24 Nov 2021

My previous employer filed a registration for me in March. It was selected in the third round of the lottery. Can I transfer it to my current employer, and have them file the H1B petition for me? My previous employer is ok with this.

Answer No. Generally speaking, the registration cannot be transferred to a different employer. (24.Nov.2021)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 © 2021, MURTHY LAW FIRM. All Rights Reserved...

08:40 / FAQs / For Employers / For Individuals / Worker
18 Nov 2021

I am residing in Canada, but have an H1B job offer within driving distance. Can I live in Canada and commute to the U.S. each day to work in the H1B position?

Answer Yes, this is a fairly common situation. U.S. immigration law does not prohibit a person from residing in Canada (or Mexico) and regularly commuting to the U.S. to work in H1B status. (18.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:37 / FAQs / For Individuals / H1B / Travel / Worker
11 Nov 2021

My wife is in the U.S. in H-4 status. I had been on H1B status, but suddenly had to travel overseas. My H1B visa stamp has expired. Can I return to the U.S. using my AP document?

Answer If the principal spouse enters on advance parole, then typically the dependent spouse is no longer eligible to maintain valid H-4 status. (11.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

08:27 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
10 Nov 2021

NewsFlash! Major Improvements to Work Authorization Process for L-2 and Certain H-4 Spouses

The American Immigration Lawyers Association (AILA) announced today that a settlement has been reached with the U.S. Department of Homeland Security (DHS) related to work authorization for L-2 and certain H-4 dependent spouses.The official text of the settlement agreement has not yet been posted. However,...

13:23 / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Worker