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22 Dec 2022

After I was laid off from my H1B job, I filed an I-539 application to change to H-4 status. A few weeks later, I got a new job offer, and that company filed an H1B change of employer petition, which was approved. I would now like to withdraw my pending H-4 application. Is there an official form or format to withdraw that case?

Answer There is no official form or format used to withdraw a pending I-539 application. When we need to withdraw a pending I-539 for a client, we typically draft a short, simple letter that says we wish to withdraw the application. In the letter, we include...

08:08 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
22 Dec 2022

I am in H1B status with a pending I-485. My priority date is current, and I’m hoping the I-485 will be approved soon. I recently got engaged to a woman who is also on H1B, and we were planning on having the wedding in India in the spring. However, my friend told me we should get married quickly, or else she will not be able to get a green card as my dependent. Is that correct?

Answer In order for your fiancée to qualify for a green card as your dependent, you would need to be legally married before your I-485 is approved. If you get married after your I-485 is approved, you likely will need to sponsor her under the family-based,...

08:02 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
22 Dec 2022

Right after my husband’s I-140 was approved, I applied for an H-4 extension and an H-4 EAD. Those applications were submitted with my husband’s H1B extension, which was filed using premium. The USCIS approved the H1B along with my H-4 and EAD within 2 weeks. About 2 months later, though, my husband’s employer told him he would be laid off in January. He has a new job lined up, so he will remain in H1B status, but will this create problems with my H-4 EAD? Does it matter if the old employer withdraws my husband’s I-140?

Answer If one's spouse moves to a different H1B employer, this generally does not impact the H-4 status or existing EAD. Similarly, even if the employer withdraws the I-140, this does not have a direct impact on the existing H-4 EAD. However, depending on how much...

07:57 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
15 Dec 2022

My wife’s H-4 EAD extension is pending. I was just offered a new position, and the company plans on filing an H1B change of employer for me. Will this create problems for my wife’s pending case?

Answer Ordinarily, an H1B petition requesting a change of employer would not impact a spouse's pending H-4 EAD extension.  (15.Dec.2022)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 © 2022,...

07:02 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker
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?

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 not...

07:27 / FAQs / For Families / Nonimmigrant Family / Worker
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?

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 FREE online...

08:04 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

07:25 / Employment Based / Family Based / For Families / For Individuals / NewsBrief / Resident / Student / Travel / Visitor / Worker