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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
06 Jan 2022

Lawmakers Urge DHS to Improve Processing Times for H-4/L-2 EADs

A group of twenty-three Democrats in the U.S. House of Representatives have sent a letter to Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, urging him to take steps to reduce processing times for applications for employment authorization (form I-765) filed by H-4...

08:05 / For Families / H-4 Dependents / Homeland Security / L-2 Dependent / NewsBrief / Nonimmigrant Family / USCIS News / Worker
23 Dec 2021

I am currently in H1B status, but am in the process of applying for a change to H-4 status and for H-4 EAD. Can I continue to work while my H-4/EAD applications are pending?

Answer Yes. A pending H-4 change-of-status application ordinarily would have no impact on one's existing H1B status. As long as the individual remains in valid H1B status, it typically is permissible to continue working for one's H1B employer. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance...

09:06 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
16 Dec 2021

I am currently working in H1B status. If I apply for a change of status to H-4, along with an H-4 EAD, can I continue to work while the applications are pending?

Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

08:48 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
24 Nov 2021

My I-94 and H-4 EAD are both going to expire next week. My H-4 and H-4 EAD extensions are both pending. I understand that I cannot work based on the pending EAD renewal. While waiting for the new EAD to be issued, do I have to resign from my position, or can I take an unpaid leave?

Answer There does not appear to be a definitive answer to this. Immigration law generally prohibits an H-4 spouse from working without a valid EAD. And, from the employer's perspective, there are certain requirements (e.g., form I-9 employment eligibility verification) that must be adhered to. But...

08:46 / FAQs / For Families / Nonimmigrant Family / Worker