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07 Sep 2023

Posted at 06:52hin FAQs, For Families, For Individuals, Immigrant Family, Nonimmigrant Family, Resident, Travel, Worker
Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she...

10 Aug 2023

Posted at 06:34hin FAQs, For Employers, For Families, Nonimmigrant Family, Visitor, Worker
Answer That’s a good question without a clear answer. The USCIS has specified that a B-1 (or B-2) change of status application would be expedited if it is still pending when an I-129 requesting premium processing is later filed for the same person. But no...

03 Aug 2023

Posted at 06:32hin FAQs, For Individuals, Travel, Visitor
Answer Typically, a person who enters in B-1/B-2 status will be admitted with an I-94 valid for six months from the date of entry. During that trip, if the person travels to Mexico or Canada for less than 30 days and then returns to the...

27 Jul 2023

Posted at 07:26hin FAQs, For Families, Nonimmigrant Family, Worker
Answer No, an H1B amendment typically would not impact the validity of an H-4 spouse’s EAD. (27.Jul.2023) 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...

21 Jun 2023

Posted at 17:25hin FAQs, For Families, Nonimmigrant Family, Travel
Answer Ordinarily, leaving the U.S. would not impact a pending H-4 EAD application.  (21.Jun.2023) 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 © 2023, MURTHY...

08 Jun 2023

Posted at 07:46hin F-1, FAQs, For Employers, For Individuals, Student
Answer Generally speaking, one must have the approved EAD prior to commencing OPT employment.  (08.Jun.2023) 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 © 2023,...

24 May 2023

Posted at 17:23hin FAQs, For Families, For Individuals, Nonimmigrant Family, Travel, Worker
Answer Unfortunately, in order to apply for an H-4 EAD, the individual normally must be physically in the United States when the application is filed. It is, however, typically possible to leave the U.S. while the EAD application is pending. (24.May.2023) Sheela Murthy and other...

16 May 2023

Posted at 07:55hin Family Based, FAQs, For Families, For Individuals, Immigrant Family, Resident, Worker
Answer Assuming you are in your 60-day grace period, being laid off would generally not impact your ability to file your I-485 based on the I-130 petition filed by your husband. (16.May.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

20 Apr 2023

Posted at 09:05hin Employment Based, FAQs, For Families, For Individuals, Immigrant Family, Nonimmigrant Family, Resident, Worker
Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your...

30 Mar 2023

Posted at 09:19hin FAQs, For Employers, For Families, For Individuals, Nonimmigrant Family, Worker
Answer No. Ordinarily, the earliest start date that can be requested for an H1B cap case is October 1st, which is the first day of the new fiscal year. (30.Mar.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...