Answer If an H1B visa ‘stamp’ application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance...
The U.S. Citizenship and Immigration Services (USCIS) has entered into a settlement agreement, whereas the agency has agreed to bundle an application to extend or change to H-4 or L-2 status and, if applicable, an employment authorization document (EAD) application, if the application/s are filed...
Many aspects of immigration law are tied to expiration dates, grace periods, filing deadlines, and other date-driven matters. So, it is vitally important to keep informed and on top of calendar items and timelines specific to one’s immigration process. Many serious problems can be avoided...
Answer An approved I-539 is not necessary to apply for an H-4 visa "stamp." To get the new H-4 visa, one must provide proof of the marriage to the H1B principal spouse and evidence that the H1B spouse is maintaining valid status. (29.Dec.2022)Sheela Murthy and other...
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...
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...
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,...
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...
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 wait.One...
For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B...
