Tag Archive | H-4

Indian Nationals File Lawsuit Challenging Presidential Proclamation 10052’s H-1B/H-4 Visa Ban

A group of 174 Indian nationals, including seven minor children, filed a lawsuit in the U.S. District Court for the District of Columbia challenging Presidential Proclamation 10052, which took effect on June 24, 2020, and temporarily suspends entry of certain H, J, and L nonimmigrants into the United States. The plaintiffs seek an order declaring Proclamation 10052 to be unlawful, compelling DHS to issue decisions on their pending requests for H-1B and H-4 visas, and enjoining DHS from refusing entry into the United States based on the proclamation, among other relief.

(Panda, et al. v. Wolf, et al., 7/14/20)

New Version of Form I-539 Effective March 22, 2019

Via AILA.org

On March 1, 2019, USCIS held a teleconference to discuss revised Form I-539 and new Form I-539A. USCIS provided the following updates during the engagement, among others:

  • An official copy of the revised Form I-539 and new form I-539A will be published on the USCIS website on March 8, 2019.
  • New rollout period:
    • USCIS will continue accepting Form I-539 with an edition date of 12/23/16 until March 21, 2019, as long as it is received by USCIS by that date.
    • USCIS will reject any Form I-539 with an edition date of 12/23/16 that is received by USCIS after March 21, 2019.
    • Starting on March 22, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19.

This information is currently posted on the I-539 page of the USCIS website.

USCIS Information

Trump administration indicates that it will terminate Work Permits (EADs) for H-4 Spouses of H-1B Workers

You don’t have to be an Oracle to realize that these planned changes are among a rash of similar changes, all of which appear to target one particular group: Indian IT professionals. The ultimate aim appears to be to dissuade such professionals from immigrating to the U.S. by making the H-1B program more complicated, unpredictable, expensive, and ultimately untenable.

Delay in NSC Processing of H-4/EAD Applications Filed with Premium Processing H-1Bs

Via AILA.org

The Nebraska Service Center (NSC) has advised that, due to the high volume of incoming premium processing requests, H-4 I-539 and H-4 I-765 EAD applications that are concurrently filed with premium H-1B petitions before the April 3, 2017, premium processing suspension may not be adjudicated concurrently with the I-129 and within the prescribed 15 days. Due to the rapid influx of premium requests, I-129 adjudicators are focusing first on the I-129 so that it can be processed in accordance with the premium requirements. When a decision is made on the I-129, any H-4 and EAD applications are sent to another team, which should adjudicate them within a week or two. Once the surge is over NSC expects to resume fully working all applications submitted concurrently with the I-129.

NSC has advised that if no notice has been received on a riding I-539 or I-765 by the end of April, applicants or their attorneys can contact the National Customer Service Center to place a Service Request.

Indian Engineer’s Death could leave Wife Without Legal Status

Mr. Srinivas Kuchibhotla, the victim of a hate crime in Kansas City, appears to have held an H-1B professional work visa. Unfortunately, with his death, his wife’s H-4 Dependent visa (which Ms. Dumala appears to hold) would normally be terminated by U.S. Immigration. We should urge USCIS and Congress to offer her and anyone else affected by such a tragic situation a “Survivor” H-4 visa option to continue to reside in the U.S. following the death of an H-1B family member, if they wish to.

“I don’t know if this is the right platform to talk about this. But, the government has to make sure that I can come back to this country at my will to pursue his dreams of me being successful…me being successful in any field that I choose. And I have to fulfil his dreams, right here where he started.” – Ms. Sunayana Dumala

Further, because Mr. Kuchibhotla in his professional capacity as a Garmin Engineer was doing his part to “Make America Great Again”, we ask the @realDonaldTrump to issue a strong condemnation of the racist and xenophobic motivations that led to this violence.