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05 Jan 2023

When I joined my previous H1B employer, part of my employment contract included a non-compete clause. I recently moved to a new H1B employer. I do not believe I am violating the non-compete agreement, but my prior employer says that I am and is threatening to get my H1B canceled. What should I do?

Answer Whether you are in breach of this non-compete agreement – and whether the agreement is even enforceable – would be based on state law, not U.S. immigration law. So, you may wish to speak with an employment attorney licensed in your state. Regardless, though, your...

07:00 / FAQs / For Employers / For Individuals / Worker
29 Dec 2022

Can I take maternity leave while in H1B status? Does it matter if the employer only offers unpaid maternity leave?

Answer Generally speaking, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions normally may be unpaid without violating one’s H1B status. (29.Dec.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...

07:56 / FAQs / For Employers / For Individuals / Worker
29 Dec 2022

My I-539 application to extend my H-4 status is pending. I am traveling to India soon and have an appointment for my H-4 visa stamp. My husband is remaining in the U.S. Do I need the I-539 approval to get my new H-4 stamping done?

Answer An approved I-539 is not necessary to apply for an H-4 visa "stamp." To get the new H-4 visa, one must provide proof of the marriage to the H1B principal spouse and evidence that the H1B spouse is maintaining valid status. (29.Dec.2022)Sheela Murthy and other...

07:53 / FAQs / For Families / Nonimmigrant Family
22 Dec 2022

After I was laid off from my H1B job, I filed an I-539 application to change to H-4 status. A few weeks later, I got a new job offer, and that company filed an H1B change of employer petition, which was approved. I would now like to withdraw my pending H-4 application. Is there an official form or format to withdraw that case?

Answer There is no official form or format used to withdraw a pending I-539 application. When we need to withdraw a pending I-539 for a client, we typically draft a short, simple letter that says we wish to withdraw the application. In the letter, we include...

08:08 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
22 Dec 2022

I am in H1B status with a pending I-485. My priority date is current, and I’m hoping the I-485 will be approved soon. I recently got engaged to a woman who is also on H1B, and we were planning on having the wedding in India in the spring. However, my friend told me we should get married quickly, or else she will not be able to get a green card as my dependent. Is that correct?

Answer In order for your fiancée to qualify for a green card as your dependent, you would need to be legally married before your I-485 is approved. If you get married after your I-485 is approved, you likely will need to sponsor her under the family-based,...

08:02 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
22 Dec 2022

Right after my husband’s I-140 was approved, I applied for an H-4 extension and an H-4 EAD. Those applications were submitted with my husband’s H1B extension, which was filed using premium. The USCIS approved the H1B along with my H-4 and EAD within 2 weeks. About 2 months later, though, my husband’s employer told him he would be laid off in January. He has a new job lined up, so he will remain in H1B status, but will this create problems with my H-4 EAD? Does it matter if the old employer withdraws my husband’s I-140?

Answer If one's spouse moves to a different H1B employer, this generally does not impact the H-4 status or existing EAD. Similarly, even if the employer withdraws the I-140, this does not have a direct impact on the existing H-4 EAD. However, depending on how much...

07:57 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
15 Dec 2022

My wife’s H-4 EAD extension is pending. I was just offered a new position, and the company plans on filing an H1B change of employer for me. Will this create problems for my wife’s pending case?

Answer Ordinarily, an H1B petition requesting a change of employer would not impact a spouse's pending H-4 EAD extension.  (15.Dec.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,...

07:02 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker
15 Dec 2022

I have never gone through the H1B lottery, but I am currently working in H1B status for a cap-exempt employer. A different company will file an H1B registration for me in March. If my case is selected, what would be the earliest date I could move to the new employer?

Answer The earliest start date on a cap-subject H1B petition typically is October 1st of that year (which is the first day of the new fiscal year). To start earlier, it may be possible to work concurrently  for the cap-exempt and cap-subject employers, but a petition...

06:58 / FAQs / For Employers / For Individuals / Worker