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09 Feb 2023

I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?

Answer A change from H1B to H-4 typically would have no impact on the I-140.  (09.Feb.2023)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 © 2023, MURTHY LAW FIRM. All...

10:07 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
26 Jan 2023

I have a valid H-4 visa stamp in my passport. I am applying for an H1B stamp in a few weeks. If the H1B stamp is denied, can I still travel to the U.S. on my H-4 stamp?

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...

17:00 / FAQs / For Families / For Individuals / Immigrant Family / Travel / Worker
29 Dec 2022

My I-539 application to extend my H-4 status is pending. I am traveling to India soon and have an appointment for my H-4 visa stamp. My husband is remaining in the U.S. Do I need the I-539 approval to get my new H-4 stamping done?

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...

07:53 / FAQs / For Families / Nonimmigrant Family
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

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