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07 Jul 2022

I am doing various freelance jobs based on an H-4 EAD, which is valid through 2023. My H1B registration was selected in the lottery, and that H1B change-of-status request is pending. If the case is approved, do I have to stop using the H-4 EAD immediately?

Answer For an H1B case that was selected in this year's lottery, the petition should have requested a start date of October 1, 2022 or later. If the petition and change-of-status request are approved prior to the requested start date, you should be able to continue...

07:08 / FAQs / For Families / Nonimmigrant Family / Worker
05 Jul 2022

Nonimmigrant Visa Waivers – Process and Criteria

Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...

06:04 / Consulates / For Families / For Individuals / Homeland Security / InfoArticle / NewsBrief / Nonimmigrant Family / Student / Visitor / Worker
15 Jun 2022

I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?

Answer Once the principal spouse's green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to use...

21:07 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
02 Jun 2022

My H1B extension was approved recently, but my wife’s H-4 extension is still pending. She now needs to travel to India. Can she apply for an H-4 visa now? Or does she need to wait for the USCIS to approve the H-4 extension?

Answer Normally, there is no need to wait for an I-539 to be approved in order to apply for an H-4 visa at a consulate. If the applicant can show that the principal spouse is in valid H1B status, the consulate typically has the authority to...

07:11 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
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,...

07:11 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel