12 May 2022

My wife and I both need to apply for new visa stamps, and we are both eligible for dropbox appointments. I was able to schedule my appointment in the near future, but there were no slots available for my wife for several months. Do we each need separate dropbox appointment slots, or can she just apply with me during my slot?

Answer Each spouse needs to apply based on his or her individual appointment slot. After the appointments are scheduled, the consulate has discretion to then grant an expedite appointment to the spouse with the later appointment date. There is no guarantee that this will be granted,...

28 Apr 2022

I entered the U.S. a few months ago in H-4 status, and my I-94 was only granted through the end of May, based on my passport expiration date. I have now renewed my passport. How can I get my I-94 extended to match my H1B husband’s I-94? Can I go back to the port of entry to get the officer to correct my I-94?

Answer If this was an error by a U.S. Customs and Border Protection (CBP) officer at a port of entry, one normally can contact a CBP deferred inspection site to request that the I-94 be corrected. But here, it does not sound as though an error...

14 Apr 2022

My husband was in L1A status and I have L2S status valid for several more months. His change of status to H1B was recently approved, while my change to H-4 status is still pending. Can I continue to work based on my L2S status?

Answer Generally speaking, once the principal spouse is no longer in valid L1A status, the dependent spouse is no longer considered to be in valid L2S status. Therefore, it normally would not be permissible to work in this situation. (13.Apr.2022)Sheela Murthy and other senior attorneys provide...

14 Apr 2022

My H-4 status expires in June, so I filed an H-4 extension. I was also selected in the lottery, and my employer is requesting an October 1st start date for my H1B change-of-status petition. Will the pending H-4 extension impact my H1B case?

Answer The fact that both the H-4 extension and the H1B change of status are pending at the same time is not really an issue. But, given the lengthy processing times for H-4 extensions, it is entirely possible that the H-4 application will still be pending...

06 Apr 2022

I am filing H-4 extensions for my son, who turns 21 next year, and my daughter, who is 17. Since my son is only eligible for a 1-year extension, do I have to file separate I-539 applications for my son and daughter, or can I file them together using an I-539 and I-539A?

Answer Normally, when you are filing for two (or more) dependents extending the same status (e.g., H-4), you can file an I-539 application for one dependent along with an I-539A for each other dependent. However, in a situation where one dependent is not eligible to extend...