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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...

12:56 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
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...

12:52 / FAQs / For Families / For Individuals / Nonimmigrant Family / USCIS News / Worker
24 Jun 2024

Uncertain Future of Various Immigration Benefits

A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between...

12:34 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Worker
19 Jun 2024

I am applying for a visitor visa and my brother in the U.S. offered to fill out an affidavit of support for me. Will that improve my chance of approval?

Answer If you have enough funds to cover the cost of your trip on your own, we typically recommend against submitting an I-134 affidavit of support when applying for a B-1/B-2 visa application.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

09:28 / B-1 / B-2 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
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
15 Apr 2024

Consolidation of B-1/B-2 Interview Waiver Appointments in New Delhi

Starting March 2024, the U.S. Embassy in India has consolidated B-1/B-2 interview waiver appointments in New Delhi, leading to limited appointment availability at U.S. consular posts in India. Applicants, however, still can submit applications at designated centers across India. This move aims to streamline the...

16:27 / Consulates / For Employers / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Visitor
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
25 Mar 2024

USCIS Updates Policy Guidance for Expedite Requests

On March 21, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual clarifying certain criteria for expedite requests. The update also provides additional guidance on how to submit expedite requests to the USCIS and how they are processed. Overview of USCIS Policy...

10:15 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News
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