New Immigration Team

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Janet E. Moon & Diane R. Chappell-Daly

New Immigration Team: After more than 21 years of practicing in the area of immigration law in central New York, Diane Chappell-Daly has decided to take advantage of an opportunity to form an immigration team with attorney, Janet E. Moon.  As of September 30, 2015, the practice will be known as the Moon Law Office LLC (Formerly known as The Law Office of Diane R. Chappell-Daly).  Janet and Diane will work together offering immigration law services to the Syracuse area and beyond. Janet is admitted to the New York State Bar and has been practicing in the area for 7 years. She brings her background in criminal defense and the Federal Court practice of social security law to the practice of immigration law. Janet and Diane are excited to work together in this evolving venture.

New Immigration Rule for Dependents of International Students

Good news for international students – Husbands, wives and children of F-1 and M-1 international students who have  F-2 or M-2 status, may now study part-time at USCIS certified (SEVP) schools.  The enrollment must be for less than a full course of study.  If those in F-2 or M-2 study want to study full-time they are still required to apply for a change of status to F-1 or M-1.

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Employment for Husband or Wife of Some H-1B Workers


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Some husbands or wives of H-1B workers may file an application for permission to work in the US beginning May 26, 2015.

Who can apply?

  1. Must be in H-4 status and be married to an H-1B worker, and
  2. H-1B husband or wife must fit into one of the following groups:
    1. The H-1b worker has an approved I-140, but must wait to apply for a green card until an immigrant visa (green card) becomes available based on the Visa Bulletin (H-1B can file application for extension of status in three-year increments until he or she can apply for a green card, or
    2. H-1B  spouse can file application for extension of status in one-year increments because either a Labor Certification or an I-140 was filed for him or her before the end of the 5th year in H-1B status.

A husband or wife of an H-1B worker who meets the above requirements may file an Application for Employment Authorization on Form I-765 beginning May 26, 2015 with supporting evidence and a $380 filing fee.

What supporting Evidence is Required?

  1. Marriage certificate showing marriage to current H-1B husband or wife
    1. Evidence that shows H-1B husband or wife meets the above requirements for filing an application for extension of H-1B status beyond 6 years
  2. Entry Documents from Most Recent Entry to US
    1. I-94, either card (front and back) or printout
  3. Copy of most recent EAD
  4. If H-4 has never received an EAD, submit copy of government-issued identity document showing picture, name and date of birth, such as,
    1. Passport
    2. Birth certificate with a photo ID
  • Visa issued by foreign consulate, or
  1. -National identity document
  2. Two identical color photographs of yourself, taken within 30 days of filing your application

Warning!! No H-4 EAD applications will be accepted before May 26, 2015. Do not pay anyone to file an EAD application for you before that date.

 

 

 

 

H-4 Employment