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08 Dec 2022 I applied for an H-4 EAD a few months ago, and that case is still pending. I understand that I cannot start working until the EAD is approved. But, am I allowed to start applying for jobs now?

Posted at 07:27hin FAQs, For Families, Nonimmigrant Family, Worker

Answer Immigration law does not really limit the ability of an H-4 dependent to apply for a job before the EAD is issued. So, submitting a job application typically would not be considered a violation of H-4 status, so long as the H-4 spouse does...

01 Dec 2022 Before coming to the U.S. on H1B, I worked as a manager for a related company in India. In the U.S., I only have a couple of reports, so my employer said that it would be tough to get an EB1 case approved for me as a multinational manager. They are willing to try, however. I already have an EB2 case approved with a 2018 priority date. If the EB1 case is denied, would that impact my EB2 approval? Could I still keep the priority date?

Posted at 09:54hin FAQs, For Individuals, Worker

Answer If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022) Sheela Murthy and other senior attorneys provide...

01 Dec 2022 Are there any updates on when we will be able to use premium processing for H-4 and EAD applications?

Posted at 09:46hin FAQs, For Families, Nonimmigrant Family, USCIS News

Answer The last official update on this came in March 2022, when the USCIS indicated that premium processing for H-4 and EAD applications likely would not become available until fiscal year 2025 (which begins October 1, 2024). So, it appears we still have a long...

17 Nov 2022 I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

Posted at 08:04hin FAQs, For Families, For Individuals, Nonimmigrant Family, Worker

Answer Eligibility for unemployment benefits is based on state law, not immigration law. If you qualify for unemployment benefits, claiming such benefits typically would have no immigration impact. (16.Nov.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

10 Nov 2022 My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?

Posted at 06:28hin FAQs, For Families, For Individuals, Nonimmigrant Family, Resident, Worker

Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay...

03 Nov 2022 My son is on H-4 status and wants to work an after school job. Can he apply for an H-4 EAD?

Posted at 08:52hin FAQs, For Families, For Individuals, Nonimmigrant Family, Worker

Answer The H-4 EAD program only allows a qualifying H-4 spouse to apply for an EAD. Unfortunately, an H-4 dependent child is not eligible to apply for an H-4 EAD. (02.Nov.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

03 Nov 2022 I am in H1B status with an I-94 valid until 2024, but I soon will be laid off. My employer said that, instead of officially laying me off now, they will let me take a voluntary, unpaid leave for 3 months. If I have not found a new employer by then, I can keep searching for another 60 days based on the grace period. Is that correct?

Posted at 08:40hin FAQs, For Individuals, Worker

Answer The 60-day grace period for an H1B worker normally begins following the last day of actual employment. While there are situations in which an H1B worker may be granted unpaid leave and still maintain in valid status, this generally is allowed only if it...

27 Oct 2022 My employer is filing my H1B extension and my wife’s H-4 extension. However, they told me I needed to file for her H-4 EAD extension separately, on my own. Can I apply for her EAD extension while the H-4 extension is still pending? Or do I need to wait for the H-4 extension to be approved?

Posted at 07:08hin FAQs, For Families, Nonimmigrant Family, Worker

Answer Assuming the H-4 spouse qualifies, it normally is possible to file for an H-4 EAD extension (or initial H-4 EAD) while an H-4 extension is still pending. (26.Oct.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

05 Oct 2022 I am in H-4 status and my husband has an approved I-140. I recently gave birth to our first child, and I have no intentions of working for the foreseeable future. As a precaution, however, I was considering applying for an H-4 EAD. Is this permitted even if I may never use the EAD?

Posted at 18:17hin FAQs, For Families, For Individuals, H-4 Dependents, Nonimmigrant Family, Worker

Answer Yes, this is allowed. The H-4 EAD provides the individual with unrestricted work authorization, but it does not require that the person actually work. (05.Oct.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

29 Sep 2022 My H1B is valid for a couple of more months, and I have an EAD based on my pending I-485. Do I have to maintain H1B status until the green card is issued?

Posted at 16:34hin FAQs, For Individuals, Resident, Worker

Answer Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued....

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08 Dec 2022 I applied for an H-4 EAD a few months ago, and that case is still pending. I understand that I cannot start working until the EAD is approved. But, am I allowed to start applying for jobs now?

01 Dec 2022 Are there any updates on when we will be able to use premium processing for H-4 and EAD applications?

17 Nov 2022 I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

10 Nov 2022 My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?

03 Nov 2022 My son is on H-4 status and wants to work an after school job. Can he apply for an H-4 EAD?

05 Oct 2022 I am in H-4 status and my husband has an approved I-140. I recently gave birth to our first child, and I have no intentions of working for the foreseeable future. As a precaution, however, I was considering applying for an H-4 EAD. Is this permitted even if I may never use the EAD?

29 Sep 2022 My H1B is valid for a couple of more months, and I have an EAD based on my pending I-485. Do I have to maintain H1B status until the green card is issued?

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