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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
04 Nov 2021

Presidential Proclamation Lifts Travel Bans and Imposes Vaccination Requirement

Effective November 8, 2021, the Biden Administration is rescinding the COVID-19 related travel restrictions based on several presidential proclamations. In its place, President Biden has issued a proclamation that requires nearly all nonimmigrant international air travelers to be fully vaccinated against COVID-19 before being admitted...

11:51 / For Individuals / Homeland Security / NewsBrief / Student / Travel / Visitor / Worker
28 Oct 2021

An employer in the U.S. filed an H1B cap case for me several months ago. At the time it was filed, I was living in India, and the employer asked for the consulate in Hyderabad to be notified if the petition is approved. Now, the petition has been approved, but I am working in Singapore. Can I get my H1B visa stamping done at the U.S. embassy in Singapore?

Answer Generally speaking, if the local consulate allows for third country nationals to apply, it is possible to apply for a visa at a consulate different from the one listed on the initial petition. (28.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

09:07 / Consulates / FAQs / For Individuals / Travel / Worker
28 Oct 2021

I have an H-4 EAD and am running a small business from my house. The business is registered in my name, and I am the sole employee. My EAD renewal is pending. If the new EAD is not issued before my current one expires, I will stop doing any business until the new EAD is issued. Do I have to take some formal step of shutting down my business during the EAD renewal period to show the USCIS that I am not working without authorization?

Answer There is no regulation that requires a person with an H-4 EAD to formally shut down a business while waiting for an EAD renewal to be approved. If you can show that the business was truly dormant during this period, it is hard to imagine...

09:05 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
28 Oct 2021

I was working for Company A on H1B, and then moved to Company B. I have been working here for a few weeks, and now have an offer from Company C. I understand that I am allowed to change to the new employer, but will this create problems for me in the future with USCIS?

Answer There are no immigration rules that prohibit how often a person in H1B status may move between employers. As long as the individual can demonstrate that valid status etc, was maintained, the mere fact that the person moved through multiple employers normally would have no...

09:00 / FAQs / For Individuals / Worker
21 Oct 2021

Several months ago, I applied for an H1B visa stamp in India. I was issued a 221(g) notice, informing me that my application would remain under administrative processing until the travel ban was lifted. Now that the ban is being lifted, how long will it take for my visa to be issued? Do I need to provide the consulate with proof that I am fully vaccinated?

Answer It is not yet clear how the consulates will handle these pending visa applications, or how long the process might take. It seems unlikely that the proof of being vaccinated will need to be sent to the consulate. However, we are waiting for the U.S....

09:41 / Consulates / FAQs / For Individuals / Travel / Worker