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ImmIGRATION APRIL 16, 2021 | The Indian Eye 41

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Lastly, if the H-4 status. Once the exten- conclusion cessing should be in- prospects of the passage
spouse’s I-94 does not sion request is approved, Although it is under- troduced for EAD pro- of the entire bill are un-
match the visa expiry the spouse’s H-4 status is cessing. The additional likely, the provisions that
date, it is important to restored. If, for whatev- standable that the Biden premium fees that ap- will alleviate the back-
plan to file an I-539 ex- er reason, the H-4 exten- administration has been plicants will gladly pay logs in the family and
left with a big backlog of
tension request in ad- sion is denied, the H-4 the Trump administra- Simply go to your App Store or Play Store
can be used to add more employment visa system
H-4 and L-2 cases from
vance of the I-94 expira- spouse will start accruing resources to expedite must be pushed along
tion. Alternatively, the unlawful presence for tion, the Biden adminis- the processing of cases. with helping Dreamers
spouse can travel abroad the purpose of triggering tration can alleviate the Of course, all this is still and TPS applicants in
the employment-based mational purposes and tTV Download ZingoTV App
and be admitted. the 3 or 10 year bars un- a band-aid since the ul- the American Dream
timate solution is to al- and Promise Act of 2021.
der INA 212(a)(9)(B)(i) backlog by immediately From Smar
no status while H-4 (I) and (II). If the spouse lifting the biometrics re- leviate the backlogs in (This blog is for infor-
is Pending vs. accrual has been unlawfully quirement whenever an
I-539 is filed.
of Unlawful status present for more than This would be a good preferences by adding should not be viewed as a
Most importantly, 180 days, they will face first step as the H-4 ex- more visa numbers as substitute for legal advice.)
H-4 spouses must not the three-year bar once tension will get pro- well as exempting the
accrue unlawful status in they depart the United H-1B extension under Login|Register with your eMail then
counting of certain im- *Isabel Rajabzadeh is
the United States. H-4 States. cessed along with the migrants such as depen- an Associate at Cyrus D.
spouses have been fall- Therefore, it is in- premium processing. dents, which is part of Mehta & Partners PLLC
ing out of status because credibly important to not Then, premium pro- Biden’s US Citizenship and is admitted to prac-
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of the long processing accrue unlawful status. Act of 2021. Even if the tice law in New York.
delays, however, H-4 If the spouse wants to _________________________________________________________________________________________________
spouses do not begin to file a motion to reopen Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
accrue unlawful status as or reconsider upon a Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
long as the H-4 extension denial, the spouse must Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
(form I-539) was filed be- consider leaving within tion; board member of Volunteers for Legal Services and board member of New York Immigration
fore the H-4 status (the 180 days of the denial if Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
I-94) expiration date. the case has not been re- Council and former chair of the Committee on Immigration and Nationality Law of the New
York City Bar Association. He is a frequent speaker and writer on various immigration-related
During the pendency of opened. You can click www.indialife.tv
issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
the I-539 request, the He/she would risk he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
applicant is authorized facing a 3 or 10 year bar Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
to remain in the United if they leave after 180 in the immigration field. He has also received two AILA Presidential Commendations in 2010
on your browser and watch IndiaLife TV 24 Hours
States even if they do not days, assuming the mo- and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
have the underlying H-4 tion is not granted. Chambers Global 2019 in immigration law, among other rankings.

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