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09 Oct 2024

I am in H1B status and my wife and kids are on H-4. I am planning to travel to India for visa stamping, but my family will be staying here, as my kids are in school. Is it okay for my H-4 family members to be in the U.S. when I apply for stamping?

Answer Per a 2006 USCIS memo, “… an H1B or L-1 worker who appropriately brings his or her family to the United States may from time to time be stationed temporarily outside the United States while leaving the family in the United States for purposes of...

13:43 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
02 Oct 2024

My spouse’s L-1 is approved but my L2S extension is still pending. I do not want to lose my work authorization, so could I use my spouse’s L-1 approval to apply for an L-2 visa stamp, and then use that to get my L2S status extended?

Answer Yes, that generally is a sound strategy. If the principal's L-1 extension has already been approved, it normally can be used to apply for an L-2 visa at a consular post. With the L-2 visa and the L-1 approval, the dependent spouse normally can be...

10:21 / Consulates / FAQs / For Families / Nonimmigrant Family / Travel / Worker
02 Oct 2024

I just realized that we neglected to file my spouse’s H-4 extension when my employer extended by H1B status. Her I-94 has since expired. Should she leave the U.S. now? Will she be able to come back?

Answer If it has been 180 days or less since the date her I-94 expired, the best solution may be to leave the U.S. and apply for a new visa (being sure to disclose the overstay in the DS-160). If it’s been more than180 days, her...

07:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
18 Sep 2024

I was recently laid off from my H1B position, but my employer will continue to pay me for the next couple of months. During this time, if I move to a new employer, is it okay if I receive paychecks from both my former employer and my new employer for a period of time?

Answer Yes. Generally speaking, paychecks that overlap for a period of time under these circumstances would be fine, from an immigration perspective. (18.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

10:34 / FAQs / For Individuals / Worker
11 Sep 2024

I am a citizen of Canada and I am in the U.S. as a J-1 scholar subject to the 2-year home residency requirement. I have received a job offer from a university to sponsor me for cap-exempt H1B position. But I heard that I must first obtain a J-1 waiver or remain in my home country for two years to come back to the U.S. in H1B status. Do I have any options?

Answer A person subject to a J-1 home residency requirement typically is not eligible to be granted a change of status to H1B or an H1B visa "stamp" from a consular post unless the individual first either completes the home residency requirement or obtains a waiver....

07:07 / FAQs / For Individuals / Worker
11 Sep 2024

If I file my wife’s H-4 and H-4 EAD applications together with my H1B petition that is filed for premium processing, is it true that the USCIS will provide premium service to all the cases?

Answer Yes, at least for now, the USCIS should adjudicate these cases at around the same time. This is based on a settlement agreement that the USCIS entered into on January 25, 2023. The USCIS is only bound by this agreement for a few more months,...

07:03 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

08:23 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker