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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...

08:06 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
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...

18:22 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
29 Mar 2022

NewsFlash! USCIS Announces Plans for Expansion of Premium Processing and Additional Initiatives to Reduce Adjudication Delays

Today, the U.S. Citizenship and Immigration Services (USCIS) announced multiple initiatives to help streamline the adjudication of benefit requests and reduce significant backlogs. Most importantly, the agency announced that the Department of Homeland Security (DHS) has finalized the rule expanding premium processing to additional application...

12:06 / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor
17 Mar 2022

I am in H-4 status and recently gave birth to a baby girl. We are in the process of applying for her Indian passport so that we can travel home to India. In order to return to the U.S., do I need to first get an H-4 visa for her?

Answer Ordinarily, if a person in H-4 status gives birth to a child in the U.S., that child automatically becomes a U.S. citizen. Applying for an Indian passport for her would not impact her status as a U.S. citizen. In order to return to the U.S.,...

08:09 / Citizen / FAQs / For Families / Nonimmigrant Family / Travel
02 Mar 2022

DOS Provides Updated Visa Application Instructions for Ukrainian Applicants

The U.S. Department of State has posted the following updated instructions regarding consular services currently available for Ukrainians: The U.S. Mission to Ukraine is not currently offering visa services. Beginning immediately, Ukrainian immigrant visas (IVs) other than adoption cases will be processed at Consulate General Frankfurt,...

14:24 / Consulates / For Families / For Individuals / Green Card Lottery / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident
17 Feb 2022

I have been in H1B status, and my family has been in H-4 status, for the past five years. We have not traveled outside the U.S. in all that time, so the visa stamps in our passports have expired. If my wife travels abroad and I stay in the U.S., will she be able to get an H-4 visa, or do I need to get an H1B stamp first?

Answer Ordinarily, there is no need for the principal spouse to have a valid H1B visa "stamp" in order for a consulate to issue an H-4 visa to the dependent spouse or child. (17.Feb.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:43 / Consulates / FAQs / For Families / Nonimmigrant Family / Travel / Worker
17 Feb 2022

I am trying to file an I-765 form to apply for an H-4 EAD. The instructions on the USCIS website state that I should file the case with the Dallas Lockbox if my husband’s H1B receipt number starts with EAC or LIN, and to file with the Phoenix Lockbox if it starts with WAC or SRC. However, my husband’s receipt starts with IOE. Where should I file the application?

Answer Yes, we have run across this same issue. This appears to be an oversight by the USCIS, and we have not yet received formal guidance on where such I-765 applications should be filed. You could try filing based on the service center where the H1B...

08:40 / FAQs / For Families / For Individuals / Nonimmigrant Family / USCIS News / Worker
27 Jan 2022

USCIS Guidance on Expediting EAD Renewals for Healthcare Workers

The U.S. Citizenship and Immigration Services (USCIS) has provided updated guidance for healthcare workers seeking to expedite the processing of applications for employment authorization (form I-765). The guidance is specifically for healthcare workers seeking to renew their work authorization. Expedite Requests for EAD Renewals Per the USCIS...

08:29 / For Families / For Individuals / Medical / NewsBrief / Nonimmigrant Family / USCIS News / Worker