02 Oct 2024

I just realized that we neglected to file my spouse’s H-4 extension when my employer extended by H1B status. Her I-94 has since expired. Should she leave the U.S. now? Will she be able to come back?

Answer If it has been 180 days or less since the date her I-94 expired, the best solution may be to leave the U.S. and apply for a new visa (being sure to disclose the overstay in the DS-160). If it’s been more than180 days, her...

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...

11 Sep 2024

If I file my wife’s H-4 and H-4 EAD applications together with my H1B petition that is filed for premium processing, is it true that the USCIS will provide premium service to all the cases?

Answer Yes, at least for now, the USCIS should adjudicate these cases at around the same time. This is based on a settlement agreement that the USCIS entered into on January 25, 2023. The USCIS is only bound by this agreement for a few more months,...

09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

04 Sep 2024

My H-4 I-94 duration was shortened because my passport was expiring, but my EAD is valid for another 2 years. Can I continue to work after I file my H-4 extension?

Answer Unfortunately, no. Normally, an H-4 dependent spouse cannot work past the I-94 expiration date. (03.Sep.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 © 2024, MURTHY LAW FIRM. All...

03 Jul 2024

I am in H1B status, and my family is in H-4. Our I-94s were all extended through 2027, but our visa stamps expired last year. My wife and kids wish to travel to India for a few weeks. Can they go for stamping, even though I plan to stay in the U.S., or do I have to apply first?

Answer Generally speaking, if the principal spouse is in valid H1B status, it is possible for the dependents to apply for H-4 visa “stamps.” There normally is no need for the H1B worker to obtain a new H1B visa unless and until s/he will be traveling...

03 Jul 2024

Shortly before my I-94 expired, I applied for my H-4 extension. The following week, the USCIS rejected my package because there was a missing page in my form I-539. I immediately refiled the application with the missing page, and I included the rejection letter. But, by then, my I-94 already had expired. Will the USCIS honor the original filing date?

Answer Ordinarily, if an application is filed and then rejected by the USCIS, the USCIS will not honor that as the filing date. The filing date is established only when a case is properly filed with the USCIS.Note that a rejected filing is different from a...