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10 Sep 2025

I was in H-4 status and have an H-4 visa stamp in my passport. A few months ago, my husband was laid off and we both changed to B-2 status. He now has a new job, so he changed back to H1B, and I returned to H-4 status. Can I still use my existing H-4 visa stamp?

Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...

07:18 / B-2 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Travel / Visitor / Worker
12 Aug 2025

My son is on H-4 and recently was granted an extension valid through 2027. He turns 21 at the end of this year. Can he remain in H-4 status through the expiration date listed on his I-94?

Answer Unfortunately, once a dependent child turns 21, they are no longer eligible for H-4 status through their parent. He cannot rely on a USCIS error to continue his stay in H-4 past his 21st birthday. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

17:26 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
23 Jul 2025

I am in H-4 status and recently was charged with shoplifting. What immigration impact might this have?

Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e., deportable) and inadmissible. In...

07:56 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Visitor / Worker
23 Jul 2025

My application to change status to H-4 is currently pending. Can I change to a new H1B employer while my spouse’s change of status is still pending?

Answer Yes, the H-4 application is not tied to the H1B worker’s employer. As long as the H1B spouse has maintained valid status, the other spouse normally is eligible to apply for and receive the H-4 (and, if qualified, an H-4 EAD). (22.Jul.2025)Sheela Murthy and other...

07:47 / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Worker
16 Jul 2025

My husband recently passed away. He had an approved I-140 petition, and I was listed as his derivative spouse. Am I allowed to apply for a green card based on his petition?

Answer Certain derivative beneficiaries of employment-based immigrant petitions or adjustment applications may continue their case even after the principal applicant’s death. Among the requirements to qualify, you must have been residing in the United States at the time of your husband’s passing and must continue to...

07:18 / Employment Based / FAQs / For Families / For Individuals / Resident
16 Jul 2025

I have an approved I-140 that was self-sponsored in the EB1(a) category. Can my husband use this as a basis to apply for an H-4 EAD?

Answer Generally speaking, an approved I-140, including one that is self-sponsored, can be used by an H-4 spouse to apply for an H-4 EAD. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

07:13 / Employment Based / FAQs / For Families / H1B / Nonimmigrant Family / Resident / Worker
09 Jul 2025

I have an approved I-140. I was born in India and my spouse was born in Sri Lanka. Is it true that I can file my I-485 based on her country of birth?

Answer If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own.  (09.Jul.2025)Sheela Murthy...

07:16 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident