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09 Oct 2019

My wife’s H-4 EAD application is pending. If I switch to a different H1B employer, will that create problems for her EAD application?

Answer A change to a different employer by the principal H1B holder normally has no impact on the spouse's pending H-4 EAD. (09.Oct.2019)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...

15:28 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
09 Oct 2019

When I entered on my B-1/B-2 visa, I was admitted for six months. I am going to be taking a short trip to Canada and then come back to the U.S. Will I be granted an additional six months when I come back in?

Answer The U.S. Customs and Border Protection (CBP) officer at the port of entry has the discretion to readmit a B-1/B-2 visitor for an additional 6 months. In many cases, however, the person is readmitted only for the remaining validity of the I-94 issued prior to...

15:25 / FAQs / For Individuals / Travel / Visitor
02 Oct 2019

Company B is going to file an H1B change of employer for me. I plan on staying with Company A until the change-of-employer petition is approved. Will the USCIS notify Company A that this change of employer has been filed?

Answer Typically, the only party that USCIS notifies regarding an H1B petition is the employer that filed the petition (and that employer's attorney, if applicable). (02.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

14:11 / FAQs / For Individuals / Worker
26 Sep 2019

I am working for my own company based on an H-4 EAD. Can my company sponsor an H1B worker?

Answer Generally speaking, virtually any U.S. company, including one owned by someone with an H-4 EAD, may sponsor H1B workers. That being said, you likely need a backup plan in case the H-4 EAD program is terminated in the future. Also, sponsoring a close family (like...

09:10 / Employment Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
26 Sep 2019

My H1B change of employer was approved, and I am about to travel abroad for a few weeks. My visa stamp, issued through my previous employer, expires in 3 months. Can I still use that visa?

Answer Generally speaking, the H1B visa foil (i.e., "stamp") remains valid, even if the person moves to a different employer. Typically, as long as the visa is still unexpired at the time one requests admission to the U.S., the CBP officer at the port of entry...

09:06 / FAQs / For Individuals / Travel / Worker
26 Sep 2019

My husband and I are citizens of Singapore. He is in H1B1 status with an approved I-140, and I am in H-4 status. Am I eligible to apply for an H-4 EAD?

Answer Unfortunately, the H-4 EAD option is limited to H-4 spouses of H1B workers. It is not available to H-4 spouses of H1B1 workers. (25.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

09:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Travel / Worker
19 Sep 2019

I am in H1B status and moved from Employer A to Employer B about six weeks ago. Employer A still has not provided me with my final paycheck. Is there anything I can do to get the money owed to me?

Answer If a former (or current) employer fails to pay timely pay the wages owed, the H1B worker may file a complaint with the U.S. Department of Labor Wage and Hour Division. (19.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

12:23 / FAQs / For Employers / For Individuals / Worker
19 Sep 2019

I was born in the U.S., but my family moved back to India when I was still a baby. I am now 21, and I have not been back to the U.S. since. Do I have any options of getting my U.S. citizenship back? Or some form of U.S. residency?

Answer Unless you voluntarily renounced your U.S. citizenship (which typically involves a formal process at a U.S. consulate or embassy), you very probably are still a U.S. citizen. A parent cannot renounce U.S. citizenship on behalf of a child; and, “children under 16 are presumed not...

12:18 / Citizen / Consulates / FAQs / For Families / For Individuals / Travel