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25 Mar 2019

I applied for an H1B visa at the consulate, but was issued a 221(g) several months ago. The U.S. employer grew tired of waiting and fired me. My wife is in the U.S. in H1B status. Can I now apply for an H-4 visa?

Answer There is nothing preventing one in this situation from scheduling another interview and applying for an H-4 visa. You likely will be asked to withdraw the pending H1B, which is of little impact, as the job is no longer available anyway. (25.Mar.2019)In frequent sessions of...

13:49 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
18 Mar 2019

I filed an application to change status from H-4 to F-1. Can I file a change of status to H1B while the other application is still pending?

Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last action...

14:14 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student / Worker
11 Mar 2019

USCIS Revises Policy on Travel While AP is Pending

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as...

09:24 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Travel / USCIS News / Worker
11 Mar 2019

I applied for my H-4 EAD last month, and now I need to fly back to India for a short trip. Will that impact my pending EAD?

Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

08:03 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
21 Feb 2019

NewsFlash! Rule Proposing End of H-4 EAD Program Moving Forward

Yesterday, the proposed regulation to terminate the program that allows certain H-4 spouses to obtain employment authorization was submitted to the White House Office of Management and Budget (OMB). This is one of the required steps in the formal rulemaking process, and signals that the...

15:39 / Employment Based / For Employers / For Families / Homeland Security / NewsBrief / Nonimmigrant Family / Resident / Worker
07 Jan 2019

I filed an application to change status from H1B to H-4, and the application is still pending. I just received a new job offer. Can I go back to H1B and start working in the new position?

Answer If one's H1B I-94 has not yet expired, this may be possible, depending upon the circumstances. However, this is a complex question, so one in this situation should talk to a qualified attorney for individualized advice. (07.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and...

08:36 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
07 Jan 2019

I am in H-4 status and my I-94 is valid through March 2020. My husband just moved to a new employer, and his H1B I-94 is valid through December 2021. Do I need to file a new I-539 because of his change of employer?

Answer H-4 status is not tied to a particular employer, so one in this situation normally would not be required to file an extension. However, it is important to keep track of the different expiration dates, to avoid accidental overstays. (07.Jan.2019)In frequent sessions of our Chat,...

08:29 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
17 Dec 2018

I am in H-4 status, and am about to graduate with a master’s degree from an online university that is public and accredited. Can I qualify to file an H1B under the master’s cap?

Answer One who has received a master's degree or above from a nonprofit, accredited university normally would be eligible to file under the "master's cap." This applies, even if all the credits are taken through online courses. (There is a strict limit on the number of...

12:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student / Worker