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19 Feb 2025

I am currently in H1B status. If I file an application to change status to H-4 together with an H-4 EAD application, will both cases be approved at the same time? I am trying to avoid a gap in my employment authorization.

Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

13:10 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
20 Nov 2024

My H1B and my wife’s H-4 are both valid for another year. I am in the process of changing employers, and my new employer will be filing an H1B change-of-employer petition for me soon. Does my spouse need to file an I-539 to extend her H-4 status together with my H1B?

Answer Your spouse does not need to extend her H-4 status, given that her current I-94 is valid for another year. However, we usually recommend that the H-4 spouses file a new I-539 in these circumstances so that their H-4 end date matches the expiration of...

06:56 / FAQs / For Employers / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
25 Sep 2024

I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...

13:43 / Employment Based / Family Based / FAQs / For Families / For Individuals / H-4 Dependents / Immigrant Family / Nonimmigrant Family / Resident
12 Jun 2024

I am in H1B status, and my wife had been in H-4 status. We recently discovered that, when she last entered the U.S., her I-94 was shorted based on her passport expiration date, so actually has been out of status for the past several months. We are working to resolve her issues. In the meantime, though, will her status violation impact my H1B extension of future green card case?

Answer No. A status violation by one spouse normally will not have a direct impact on the other spouse's H1B or green card case. (12.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

15:55 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
18 Apr 2024

My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said they must pay her because of Department of Labor rules. Is there any way get an H-4 EAD?

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07:18 / Employment Based / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Resident / Worker
04 Apr 2024

Murthy Snapshot: USCIS Increases Automatic Extension for Certain EAD Renewals

The U.S. Citizenship and Immigration Services (USCIS) soon will publish a temporary final rule in the Federal Register that will increase the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. Here are the key points you...

17:27 / For Families / For Individuals / H-4 Dependents / Immigrant Family / L-2 Dependent / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker
20 Mar 2024

I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...

14:22 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Travel / Worker
21 Feb 2024

I am in F-1 status and my wife is in F-2. I found an employer to file an H1B registration for me this year. Does anything need to be filed for my wife during the registration period?

Answer No, there normally is nothing that would need to be filed for the H1B principal's dependents during the registration period. (21.Feb.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 here.  Copyright...

13:24 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Student / Worker
01 Feb 2024

I was in H-4 status and was working based on an H-4 EAD. In October, my status changed to H1B, and I was working in that status until recently, when I was laid off. If I depart and return on H-4, can I work as a contractor based on my H-4 EAD?

Answer If you are able to return in valid H-4 status, and the H-4 EAD is still valid, it should be possible to resume working on that EAD. (01.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

08:41 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker