H-4 Visa Spouse & Children

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Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
Nonimmigrant Visas: 

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I am on H1B and my son(18 yrs) on H4-with i -140 approved. H1 / H4 visas renewal in process with RFE for no client letter - 240 days period ends April 2018. Worried about son's future as he is studying in US from grade 5 & now Freshman in Undergrad. Should I wait until decision of Visa renewal and RFE and 240 days period ends or change him to F1 visa at this point & lose his position in my GC process.

Please advice. Thanks in advance.

Tanya, as long as you are maintaining status, your son can be derivative as long as he does not reach the age of 21. But if you're concerned about your own status, you can start his F-1 process anytime.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I have applied for H4 EAD and few days later filed h1 h4 extension. They are in two uscis locations. Is there any possibility that these two be combined together and sent for premium processing? Please suggest.

There is no procedure for premium processing of an H4 EAD.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

There is no provision in law for premium processing of H4 or H4 EAD.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hi

My dependents’ extension was not filed timely by my employer.
I had my visa and my dependents visas valid till Sep 2014 and my extension happened in Aug 2014. I got approval till Jul 2017.

Later in Mar 2016, we realized that my dependents extension was not filed. I contacted my employer in Apr 2016 and they filed extension for my dependents separately.

We luckily got the extension for H4 dependents. In the i539 form, the validity was mentioned from Sep 2014 till Jul 2017. Now my another extension(for myself and dependents) happened in Jul 2017, got approval till Mar 2020.

Now, I am planning to visit India and get eventually will have to go for stamping. Would there be any problem during stamping?

Should I check or not the checkbox for the question "Did you stay in USA illegal or out of status" in DS-160 form?

Please advice. Thanks in advance

This is a tricky situation. If you have a lawyer assisting you, discuss this matter in detail with them. I don't think I can comment without looking over all the documents and then discussing the pros and cons of the options available to you. I don't want you to worry about this, but this is a legal situation which requires some one on one exchange.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hi,
My wife had gone for getting her H4 stamping done in India and received a 6CI. What is the further course of action?
He was here on H1 for some time and then moved to H4. We traveled together on Oct for stamping. I got mine but her's got stuck.

Why don't you post your question for the next free community conference call. We have one every other Thursday. I will need more information.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hello Sir,

My spouse is working on H4 EAD and the current EAD is valid until Jan 1st, 2018.
We have my employer filed H1b and H4 in July, and both got approved on Sep 10th, 2017.
We filed extension for H4 EAD before we got the approval notice by mail, with receipt notice of the h4/h1b extension - on Sep 21, 2017(USCIS receipt date)
It's going to be 90 days in 2 days(Dec 20, 2017), but we are still waiting for the response from USCIS.
Now, we are worried as our current EAD is going to expire on Jan 1st, 2018 (~10 days left).

I saw your video on 'how to contact congressman when there are issues related to immigration'.
With the current EAD revocation news going on, do you think I can contact congressman for help?
If yes, whom would be better to contact in my situation - congressman or ombudsman?
Please help us with your valuable suggestions.

Thanks,
Veena