Answer Yes, the H-4 application is not tied to the H1B worker’s employer. As long as the H1B spouse has maintained valid status, the other spouse normally is eligible to apply for and receive the H-4 (and, if qualified, an H-4 EAD). (22.Jul.2025)Sheela Murthy and other...
Answer Certain derivative beneficiaries of employment-based immigrant petitions or adjustment applications may continue their case even after the principal applicant’s death. Among the requirements to qualify, you must have been residing in the United States at the time of your husband’s passing and must continue to...
Answer Generally speaking, an approved I-140, including one that is self-sponsored, can be used by an H-4 spouse to apply for an H-4 EAD. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Today, a federal judge issued a new nationwide injunction against Donald Trump’s executive order that attempted to severely limit who is eligible for birthright citizenship. The judge issued this injection after certifying the suit filed by the American Civil Liberties Union (ACLU) as a class...
President Trump signed a spending bill, dubbed the “Big Beautiful Bill,” into law on 04.Jul.2025. While the bill does not fundamentally change who is eligible for U.S. immigration benefits or create new, legal pathways, it dramatically increases funding for immigration enforcement and increases the financial...
Answer If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own. (09.Jul.2025)Sheela Murthy...
Answer Unfortunately, this is a difficult scenario. The spouse with the green card must file an I-130 petition in the FB2A category, but this category is retrogressed by several years. The foreign national spouse potentially can come on a nonimmigrant visa of their own, such as...
Today, the U.S. Supreme Court issued a decision in the lawsuit challenging President Trump’s executive order (EO) that limits birthright citizenship. Trump issued the EO immediately after taking office in January 2025, severely limiting who automatically becomes a U.S. citizen upon being born in the...
If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful...
Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
