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19 Nov 2025

I recently became a citizen of Canada, but my wife is still an Indian citizen. I wish to invest in a business in the U.S. and apply for E-2. Can my wife be granted an E-2 dependent visa, even though she is not Canadian?

Answer Yes, if your E-2 is approved as the principal investor, your spouse may be issued an E-2 dependent visa, even if she is not a Canadian citizen. (19.Nov.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

12:46 / FAQs / For Families / For Individuals / Worker
19 Nov 2025

I am in H1B status and recently got married to a U.S. citizen. We filed an I-130 and I-485 based on the marriage, and both cases are still pending. I may be laid off soon. If that happens, do I have to leave the U.S.?

Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the H1B worker is laid off, it likely will be necessary to stop working until the EAD is issued (or an H1B change of employer petition is filed). (19.Nov.2025)Sheela Murthy...

12:42 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
29 Oct 2025

I am in the U.S. on L-1 status, but my family is still abroad. If I obtain my green card, can my family come to the U.S. afterwards on L-2 status and apply for their green cards?

Answer Once the primary L-1 visa holder becomes a permanent resident, they are no longer in L-1 status, and their family members are no longer eligible for L-2 status. The family would need to enter the U.S. prior to the principal L-1 visa holder becoming a...

05:29 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
18 Sep 2025

When I was living in the U.S. in H-4 status, my husband and I mistakenly believed my status was automatically extended when his H1B extension was approved. By the time I learned I was supposed to file a separate H-4 extension, I had already overstayed by more than six months. I immediately left the U.S. and now wish to apply for a waiver to the 3-year bar so I can return H-4. Is there a particular form I need to fill to file this waiver application?

Answer There is no form or specific format required for requesting 212(d)(3) nonimmigrant visa waiver. The applicant may submit an application package – usually at a consular post, in connection to applying for a nonimmigrant visa – that includes things such as a letter providing details...

08:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
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