13 Mar 2020

NewsFlash! All Visa Appointments at U.S. Consulates in India Canceled

The U.S. Department of State announced today that, effective Monday, March 16, 2020, all nonimmigrant and immigrant visa appointments at U.S. Mission India posts - which includes the U.S. Embassy in New Delhi, and all U.S. consulates in India - have been canceled. This measure...

12 Mar 2020

I am in H1B status, but my wife is finishing school in India. She has a B-1/B-2 visa in her passport. Can she use this to visit me? Or does she need to get an H-4 visa?

Answer Normally, if a person has a valid B-1/B-2 visa, she could use this to request admission in order to visit her H1B spouse in the U.S. (11.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

31 Jan 2020

USCIS to Implement Public Charge Rule on 24.Feb.2020

On February 24, 2020, the U.S. Department of Homeland Security (DHS), which includes the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Customs and Border Protection (CBP), will begin implementing the public charge rule that was published in the Federal Register in August 2019....

26 Dec 2019

My H-4 EAD extension is pending and will expire next week. I will lose my job if it is not renewed before then. Can I ask the USCIS to expedite my case?

Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...

19 Dec 2019

I am in H-4 status and am enrolled in university in New York. My husband just got a great job offer for an H1B position in Minnesota. Can I stay in New York to finish my studies, or does the H-4 spouse have to live in the same place as the H1B spouse?

Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...

12 Dec 2019

I am in H1B status and my wife is in H-4 status. She was issued an H-4 EAD based on my approved I-140. If she moves to H1B status, and I then change to H-4 status, can I use my approved I-140 to apply for an H-4 EAD?

Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)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 © 2019, MURTHY LAW FIRM. All Rights...