Frequently Asked Questions - H-4 Visa

  1. Maternity Leave and Pay Stubs
  2. H-1 to H-4
  3. Status of H-4 Dependents When H-1B is Denied
  4. Applying for Spouse after H-1B Approval
  5. Exploring Other Options During H-1 Transition
  6. Applying H-4 Visa for Spouse During H-1 Processing
  7. Last Name Change for H-4 Visa
  8. SSN for Non-working Purposes
  9. H-4 Dependent Visa
  10. H-4 to H-1 status
  11. Adjustment of Status from H-4 to H-1
  12. Electronic Immigration System Eligibility
  13. H-4 TO H-1B
  14. F-2 to H-4 Visa
  15. H-4 extension for spouse and child
  16. H-1B to B-2
  17. Can I apply for H4 visa for spouse while on EAD?
  18. H-4 Visa and Status Validity
  19. OPT - H4 - H1
  20. COS from H-4 to F-1 visa
  21. H-4 Visa Stay in US
  22. H-4 rejected under 214(b)
  23. Advance Parole
  24. H-4 visa and age
  25. H4
  26. H4 Visa Stamping
  27. H4 inquiry - Dubai resident holding Indian passport
  28. H-4 visa to H-1B
  29. Travel during H4 processing
  30. H1B-H4-H1B
  31. H4 to H1-B
  32. H4 to H-1
  33. Are H-1 holders being turned back at the airport?
  34. Does H-4 Require a Prior USCIS Approval for Visa Stamping?
  35. Applying for H-4 Status while H-1 is Pending
  36. Extending H-1/H-4EAD; working while extension pending
  37. Will H-4 EAD Rule be revoked?
  38. J-1 Physician applying for following to join after waiver
  39. Changing Employers With An Approved I-140 After January 17 2017
  40. Change of Status to H-4 - effect on priority date; maternity leave on H-1
  41. I-94 Given for Duration Shorter than Entitled
  42. Gap in Status
  43. Does H-4 EAD have to be applied again if H-1 changes jobs?
  44. Travel while H-1 COS is pending
  45. The Proposed I-140 EAD Rule - FAQ's
  46. Pros and cons of H-4 EAD
  47. Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
  48. Withdrawing one pending petition (H-4) when another is (F-1) approved
  49. Correcting dates on I-94
  50. Maternity leave on H-1, FMLA and status
  51. H-4 visa extension approved. Can I travel now?
  52. Applying for H-4 EAD while H-4 is pending
  53. H-1B Employee, telecommuting/working from home
  54. H-4 Visa Delay
  55. H-4 Visa Approval
  56. H-4 EAD - Starting business
  57. H-4 EAD COS pending; File green card while on H-4
  58. H-4 EAD Rule FAQ's
  59. Status of the H-4 EAD regulations
  60. H-4 EAD Rule
  61. H-4 and I-140
  62. Volunteer work on H-4 visa
  63. H-4 Visa Holder Applying for Canada PR
  64. H-4 visa employment
  65. H-4 for Canadian Citizen
Maternity Leave and Pay Stubs

Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.

H-1 to H-4

1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.

Status of H-4 Dependents When H-1B is Denied

If you are no longer in valid H-1B status, your dependents’ H-4 petitions will no longer be valid either.

Applying for Spouse after H-1B Approval

The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

Exploring Other Options During H-1 Transition
Applying H-4 Visa for Spouse During H-1 Processing

If you are outside USA, only H-1 is processed here. H-4 is done at the consulate when you go apply for H-1 

Last Name Change for H-4 Visa
SSN for Non-working Purposes
H-4 Dependent Visa

For an H-4 dependent visa, qualifying family members include only the spouse and unmarried children under 21 years old.

H-4 to H-1 status

If your previous H-1B petition was counted against the cap, you should not be subject to the quota and should be able to file an H-1B petition at any time. However, if your prior H-1B employer was cap-exempt, you will be subject to the quota.

Adjustment of Status from H-4 to H-1

As long as there is quota remaining on the H-1B, the law permits change of status from H-4 to H-1. And, if the H-1 is denied, that does not affect the existing H-4. So, no legal risk that I can see.

Electronic Immigration System Eligibility

Please refer to the following for classifications that are eligible to use ELIS: http://www.uscis.gov/uscis-elis

H-4 TO H-1B

It can be a COS. If a successful COS is obtained, there is no deadline on getting a 

F-2 to H-4 Visa

If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.

H-4 extension for spouse and child
H-1B to B-2

You can and should apply for B2 for both.

Can I apply for H4 visa for spouse while on EAD?

You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.

H-4 Visa and Status Validity

Your current H-4 status and visa remains valid and can be used for travel. Each time, your husband changes jobs, you do not have to apply for H-4 until the time the H-4 is about to expire.

OPT - H4 - H1

1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.

COS from H-4 to F-1 visa

You do NOT need USCIS approval to apply for F-1 visa. Just apply for F-1 visa during your visit to France. Ask the school to explain the formalities to you. By the way, if you leave USA during a COS request, the COS is deemed abandoned.


 

H-4 Visa Stay in US

A few weeks absence should create no problems for your dependents.

H-4 rejected under 214(b)

In my view, H-4 cannot be denied under Section 214(b). This is an error. Apply again.

Advance Parole

If her I-485 was pending, she would not be out of status.

H-4 visa and age

The general rule is - we should not try to take advantage of an error made by the govt.

H4

There is no time limit. As soon as you get an H-1.

H4 Visa Stamping
H4 inquiry - Dubai resident holding Indian passport
H-4 visa to H-1B

She can. For Indian citizens, H-1 and L-1 are two obvious choices.

Travel during H4 processing

If you travel during change of status, the request for COS is deemed to be abandoned.

H1B-H4-H1B

You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.

H4 to H1-B

Once 6 years on H-1 are over, I know of only two ways to reactivate: go physically outside USA for one year, OR apply for a green card, one year after which you can extend your H-1 (or upon approval of I-140, whichever is earlier).

H4 to H-1

I am not sure what you mean by "cost," but I can refer you to what we charge. See if this answers your question: http://www.immigration.com/services-fees/h-visa/h-visa-services-and-fees

Are H-1 holders being turned back at the airport?

If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.

Does H-4 Require a Prior USCIS Approval for Visa Stamping?
Applying for H-4 Status while H-1 is Pending
Extending H-1/H-4EAD; working while extension pending

Watch the Video on this FAQ: Extending H-1/H-4EAD; working while extension pending

Video Transcript

1. Yes, you should. 

2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...

 

 

Will H-4 EAD Rule be revoked?
J-1 Physician applying for following to join after waiver
Changing Employers With An Approved I-140 After January 17 2017

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

Change of Status to H-4 - effect on priority date; maternity leave on H-1

Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1  and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

And the second part of the question was can I take maternity leave on H-1?

I-94 Given for Duration Shorter than Entitled
Gap in Status
Does H-4 EAD have to be applied again if H-1 changes jobs?
Travel while H-1 COS is pending
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Pros and cons of H-4 EAD

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1345

Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=65 

Withdrawing one pending petition (H-4) when another is (F-1) approved

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/F0YZD8zWm88?t=72

Correcting dates on I-94

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=705

Maternity leave on H-1, FMLA and status

 See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=2334

H-4 visa extension approved. Can I travel now?

When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa. 

Applying for H-4 EAD while H-4 is pending

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

H-1B Employee, telecommuting/working from home

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

H-4 Visa Delay

Open a Service Request by calling USCIS customer service. By the way, you do NOT need an H-4 approval from USCIS to obtain a visa. In this respect, H-4 is different from H-1.

H-4 Visa Approval

H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.

H-4 EAD - Starting business

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=933 

FAQ Transcript:

1. Yes you can.

2. You do not.

H-4 EAD COS pending; File green card while on H-4

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=809

FAQ Transcript:

H-4 EAD Rule FAQ's

1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

Status of the H-4 EAD regulations

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93

FAQ Transcript:

This FAQ is about H-1 quota, how does H-1 quota work?

I think this is an issue important for many people.

Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.

H-4 EAD Rule

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

H-4 and I-140

Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.

Volunteer work on H-4 visa

See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.

https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

H-4 Visa Holder Applying for Canada PR

Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws.

H-4 visa employment

Timing is impossible to predict. It could be as early as September or so, or as late as the government wants it to be. Also, government CAN and often does change or modify regulations after comments from the public are reviewed. 

H-4 for Canadian Citizen

Canadian citizens can apply for H-4 at the border.