Answer An H-4 spouse typically can apply for the H-4 EAD at any time, based on the H1B holder's I-140 approval. If the H-4 extension is currently pending, you can provide evidence of the pending case and request that the USCIS approve the H-4 EAD based...
Answer An Alien Number, or "A" Number, is an identifying number that is normally assigned to an individual after an immigrant petition (e.g., I-140, I-130) is approved for that person, or if the individual has been in removal proceedings. Generally the A number would not appear...
... We have appealed that denial, and the appeal is still pending. In the meantime, can I reapply in this year's H1B lottery? Answer A pending appeal on an H1B case would not typically prevent a person from reapplying under the current year's H1B lottery. (26.Feb.2018)In frequent...
... Next month, I will be turning 21 and will no longer be eligible for H-4. What should I do? Answer You must apply for change of status to another nonimmigrant status for which you may be eligible, by your 21st birthday, in order to comply with...
Answer In order to travel in F-1 status during the cap-gap period, your H1B petition has to be approved before your departure. In addition, you should return before October 1st, when your H1B employment is scheduled to begin.If you leave the U.S. while your H1B petition...
Answer In general, yes, the H-4 EAD is unrestricted, meaning that it is not tied to a particular employer. It can be used for multiple employers, or even for self-employment. (12.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer In general, 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. The EAD expiration...
Answer One normally is not prevented from being sponsored for an H1B position simply because the grace period has ended. However, if the grace period has expired, the H1B normally will be approved only for consular notification (i.e. without an I-94 card). It therefore will require...
Answer One's "after-acquired" spouse typically would file the I-485 application together with the principal applicant, once the priority date becomes current. Normally, until then, no action is required. (12.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
... However, just in case it is not successful, can I also transfer to another program of study, as a back-up option? Answer If you transfer your F-1 SEVIS record to another program of study, you will no longer be eligible for OPT based on your previous...
