On March 28, 2023, the U. S. District Court for the District of Columbia held that the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) was lawfully promulgated. Save Jobs USA, an organization of U.S. workers had challenged the H-4...
Answer No, there normally is no need to be in L-2 status in order to apply for a green card as a dependent of one's spouse. (06.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer Sorry, but there is no new law that allows all H-4 spouses to work. I believe you may have been confused by the recent news regarding a lawsuit challenging the legality of the H-4 EAD program. As expected, the court determined that the H-4 EAD...
Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...
Answer No. Ordinarily, the earliest start date that can be requested for an H1B cap case is October 1st, which is the first day of the new fiscal year. (30.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer Once the change of status is approved, assuming it has an immediate start date, the H-4 dependent typically would need to stop working until the EAD is issued. In practice, however, when an H-4 and H-4 EAD are filed together, it appears the USCIS normally...
The Murthy Law Firm routinely receives calls from dependent spouses, such as those admitted in H-4 or L-2 status, who have remained in the United States beyond the expiration date of their respective I-94 cards, under the mistaken belief that an extension of the principal's...
When an H1B visa foil (commonly referred to as a visa 'stamp') is issued, the consular officer typically annotates the visa with the petition number and expiration date of the I-797 approval notice presented at the U.S. consular post abroad. At the time of admission...
Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer Ordinarily, yes. The shortened passport generally is an issue at the port of entry, where it will result in a short-duration I-94 (tied to the passport validity). But the USCIS typically can grant an extension of status beyond the expiration date of the passport. (09.Feb.2023)Sheela...
