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...

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...

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.,...

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,...

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...