Q: I Am Currently on H-4 Visa, and I Understand That Under a Proposed Rule, I Will Able

Q: I am currently on H-4 visa, and I understand that under a proposed rule, I will able to work legally in the USA.

A: On May 12, 2014, the Department of Homeland Security (DHS) announced proposals to attract and retain highly skilled immigrants. The proposed rule by DHS would allow H-4 dependant spouses of certain H-1B workers eligible to apply for employment authorization. Under the current policy, the DHS does not permit the spouses of H-1B workers to work in the United States.

Under the proposed rule, H-4 dependant spouses will be eligible to work if:

·  H-1B spouse’s I-140 petition (Immigrant Petition for Alien Worker) has been approved; or

·  H-1B spouse has been granted H-1B extension under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21).

AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit if the H-1B worker’s PERM labor certification or an I-140 petition has been pending for more than 365 days or the I-140 petition has been approved but the priority date is not current.

This proposal is now subject to a sixty-day public comment period which will end on July 11th, 2014. After the comment period is over, the DHS will review and consider any comments submitted.If this rule goes into effect, substantial number of H-4 dependants will benefit.

Q: I filed my adjustment of status in 2007, and at that time, I submitted my medical examination. I understand that under a new rule, I will need to submit a new medical report.

A: USCIS has recently announced that it is revising its policy relating to the validity of the submitted medical examination reports. StartingJune 1st, 2014, medical examination report will be valid for one year from the date submitted to the USCIS. Since the reports are now valid for only one year, it will be necessary for you to submit a new report.

Q. I am an Indian national on H-1B status. Can I go to Canada for my visa stamping?

A: Due to increasingly heavy demand by Canada-based visa applicants, the seven U.S. visa processing posts in Canada are extremely limited in their ability to accept Third County National cases during the peak demand period of June, July, and August. Canadian posts have indicated that such applicants should seek appointments in their home country/elsewhere in the world.