26 Dec 2019

My H-4 EAD extension is pending and will expire next week. I will lose my job if it is not renewed before then. Can I ask the USCIS to expedite my case?

Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...

19 Dec 2019

I am in H-4 status and am enrolled in university in New York. My husband just got a great job offer for an H1B position in Minnesota. Can I stay in New York to finish my studies, or does the H-4 spouse have to live in the same place as the H1B spouse?

Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...

12 Dec 2019

I am in H1B status and my wife is in H-4 status. She was issued an H-4 EAD based on my approved I-140. If she moves to H1B status, and I then change to H-4 status, can I use my approved I-140 to apply for an H-4 EAD?

Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)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 © 2019, MURTHY LAW FIRM. All Rights...

02 Dec 2019

USCIS Proposal for Substantial Fee Increase and Imposition of New Filing Fees

As previously reported on MurthyDotCom, the U.S. Department of Homeland Security (DHS) published a new proposed rule on Thursday, November 14, 2019, outlining significant increases for many U.S. Citizenship and Immigration Services (USCIS) filing fees. The increases will result in a weighted average increase of...

27 Nov 2019

I am in H1B status, and my wife and child are in H-4. My employer asked me to travel to India for three weeks to provide some training at the parent company. Can my wife and child stay in the U.S. for the duration of my trip?

Answer The USCIS may limit, deny, or refer for removal an H-4 dependent who is not primarily intended for the purpose of being with the principal worker in the United States. Further, USCIS officers may adjudicate applications for dependent stays in order to prevent an H1B...

07 Nov 2019

I am currently working based on H-4 EAD. Can my company sponsor me for a green card under the EB3 category?

Answer Working based on an H-4 EAD typically would have no impact on a company's ability to sponsor you for a green card. As long as you meet the standard requirements, the company can sponsor you for an EB3 position. (07.Nov.2019)Sheela Murthy and other senior attorneys...

31 Oct 2019

My H-4 EAD is about to expire, and my EAD renewal application has been pending for three months. If I submit an expedite request and that request is denied, will it negatively impact my pending EAD application?

Answer In the current environment, the USCIS generally will only approve an expedite request if the person can provide a compelling reason and strong supporting evidence for the expedite request. That being said, if the request is denied, this normally should not negatively impact the pending...