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20 Jul 2022

I am in L1B status and have been offered a promotion to a managerial position. My employer is filing an amendment to move me to L1A status. Can I start working in the L1A position based on the receipt, or do I have to wait for the petition to be approved?

Answer Typically, a person in L-1 status cannot move to a new position based on a pending amendment. (20.Jul.2022)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 © 2022, MURTHY...

20:51 / FAQs / For Employers / For Individuals / Worker
20 Jul 2022

I was in H-4 status based on my father’s H1B. I have been studying in university and, shortly before I turned 21, I filed an application to change to F-1 status. That application is still pending, and it appears I may graduate before my F-1 is approved. Can I transfer to a master’s program based on the pending F-1 change of status application?

Answer No, unfortunately, it typically is not possible to update a pending F-1 change-of-status application based on a new program of study. Assuming you have already turned 21 (and therefore are no longer eligible for H-4 status through a parent), filing a new application to change...

20:45 / FAQs / For Families / For Individuals / Student
13 Jul 2022

I filed an application to extend my H-4 status shortly before my I-94 expired. However, the USCIS rejected the package because I forgot to include the filing fee check. The rejection noticed indicated that I am allowed to reapply. If I refile now, does that mean the new filing will be considered as having been filed on time?

Answer No, if the refiling is done after one's I-94 has expired, that application will not be considered to have been timely filed. When the USCIS rejects a package, they typically include a form notice that indicates the person may be eligible to reapply. However, this...

20:53 / FAQs / For Families / For Individuals / Nonimmigrant Family
07 Jul 2022

My company filed an I-140 petition for me, which is still pending. I plan on getting married to a green card holder next month. After we are married, can my wife file an I-130 for me, or would I need to first withdraw the I-140?

Answer Ordinarily, having a pending or approved I-140 would not impact a person's ability to be the beneficiary of an I-130 petition. There typically would be no need to withdraw the I-140 petition. (06.Jul.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

07:17 / FAQs / For Families / For Individuals / Immigrant Family / Resident
07 Jul 2022

I need to file to extend my H-4 status and the H-4 status of my son. My son is turning 21 next year, so he is only eligible for about 10 months of H-4 time. Is it ok to file his application as an I-539A supplement with my I-539 application?

Answer It is normally possible to file a dependent child's H-4 extension as an I-539A, along with the parent's I-539. However, the USCIS typically will issue the same I-94 expiration date for all the H-4 applicants, included in the I-539 and I-539A/s. So, in a case...

07:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
07 Jul 2022

I am doing various freelance jobs based on an H-4 EAD, which is valid through 2023. My H1B registration was selected in the lottery, and that H1B change-of-status request is pending. If the case is approved, do I have to stop using the H-4 EAD immediately?

Answer For an H1B case that was selected in this year's lottery, the petition should have requested a start date of October 1, 2022 or later. If the petition and change-of-status request are approved prior to the requested start date, you should be able to continue...

07:08 / FAQs / For Families / Nonimmigrant Family / Worker
30 Jun 2022

I am working based on my H-4 EAD, which expires in August. My EAD renewal is pending. I have to go home to India for several months. How long can I work from India for the U.S. employer? Do I have to stop working once the current EAD expires?

Answer Ordinarily, if you are not physically in the United States, U.S. immigration law would not limit your ability to work for a U.S. employer. This would typically apply, regardless of whether the person has a valid EAD. (30.Jun.2022)Sheela Murthy and other senior attorneys provide guidance...

16:33 / FAQs / For Families / For Individuals / Travel