24 Jun 2019

My wife recently applied to extend her H-4 status and renew her H-4 EAD. If I switch to a different H1B employer, will that impact her pending cases?

Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

04 Jun 2019

DS-160 and DS-260 Now Require Social Media Information

The U.S. State Department (DOS) has implemented changes to electronic forms DS-160, Application for a Nonimmigrant Visa, and DS-260, Application for an Immigrant Visa, that go into effect immediately. These applications will now request information about the social media username or handle used by an...

20 May 2019

I am in H-4 status and my H1B petition was approved for consular notification. Do I have to go to my home country to get my H1B visa stamp?

Answer Normally, one can apply for a visa "stamp" in any country, outside the U.S., where one is physically present. However, check the consulate's website before traveling, as some have unique rules for third-country nationals. Also, if you apply at a consulate other than the one...

13 May 2019

My H-4 extension was denied, and the denial notice say that I need to update USCIS within 33 days. I have a pending I-485 and a valid EAD/AP, so I no longer need the H-4 extension. Do I still need to respond to the denial notice?

Answer It is a common misunderstanding that the "33-day" period mentioned in a denial notice is a mandatory response deadline. In fact, this is the deadline to file an optional motion to reopen or to appeal a denial. It is not mandatory, does not provide any...

13 May 2019

My H-4 I-94 is valid for two more years, but my H-4 visa has expired. If I go to Canada for a few days, do I need to get a new visa “stamp” before I can return to the U.S.?

Answer Under the contiguous territory rule, one generally can go to Canada or Mexico using automatic visa revalidation ("AVR") for up to 30 days if one's I-94 is unexpired. A valid visa stamp is NOT required to reenter the U.S. However, one cannot use "AVR" if...

29 Apr 2019

I applied for an H-4 EAD renewal, and my current H-4 EAD is about to expire. Can I keep working while the renewal application is pending?

Answer Unfortunately, there is no automatic extension of work authorization upon filing the H-4 EAD extension. One must wait for the new EAD, if the existing one has expired, and is not permitted to work. (29.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and other senior...