Jump to:
Home » Frequently Asked Questions » H Visa » H-4 Visa

Frequently Asked Questions - H-4 Visa

  1. F-2 to H-4 Visa
  2. H-4 extension for spouse and child
  3. H-1B to B-2
  4. Can I apply for H4 visa for spouse while on EAD
  5. H-4 Visa and Status Validity
  6. OPT - H4 - H1
  7. COS from H-4 to F-1 visa
  8. H-4 Visa Stay in US
  9. H-4 rejected under 214(b)
  10. Advance Parole
  11. H-4 visa and age
  12. H4
  13. H4 Visa Stamping
  14. H4 inquiry - Dubai resident holding Indian passport
  15. H-4 visa to H-1B
  16. Travel during H4 processing
  17. H1B-H4-H1B
  18. H4 to H1-B
  19. H4 to H-1
  20. Are H-1 holders being turned back at the airport?
F-2 to H-4 Visa

I am on F-2 visa and it is valid up to 1 July 2012. My wife already filed H-1B in Apr 1st week.I am also planning to file my H-1B. So can I directly apply H-1B or fist apply H-4 and then after apply H-1B. How will it work?

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

We had applied for H-4 extension for my wife and child (1 year) in same I-539 form. We received an approved 797 form for dependents. Applicant's name is my wife's name and beneficiary's name is my daughter’s name. The I-94 in the form contains only my daughter’s number and not my wife's I-94 number. My wife's name is mentioned as a petitioner. Should my wife also have a separate I-94 in the approved 797 form?

She must have a separate I-94.

H-1B to B-2

I am working in USA on my H-1B right now and my wife is on H-4B. My H1 is valid until 2013. I am planning to leave my job within next few months. After that, we want to visit entire USA for few months before I go back home. Can I change from H-1B(for myself)+ H-4B(for my wife)or B-2 Visitor for both?

You can and should apply for B2 for both.

Can I apply for H4 visa for spouse while on EAD

My I -485 is pending since 2007, on EB3. My I-140 approved in Nov 2007. I did not for I-485 for my spouse and dependents as they were not in USA. I am working on ">EAD and I do not have H1B. My Question is can I apply for H4 visa for my spouse, as I am legally working on EAD? I heard that people on student visa can bring their spouse on dependent visa.

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

My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012

My questions :
1. Do I have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ?
2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?

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

I am currently on ">OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the

">OPT

expiration-do I need to have another visa approved to re enter before my OPT expiration?

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

I want to change my status from H4 to F1 and assuming that it would take approx 3-4 months. If I apply for COS today, I make a trip to France (I am French citizen) next week, can I re-enter US on my valid H4 visa? Or do I have to wait until F1 is approved, get it stamped in Paris and then re-enter US?

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

My husband is on H4 with an I94 valid till June 17, 2011 and I am a H1B visa holder with a valid petition document. I am planning to go for a vacation. Will it be a problem if I leave my husband (dependent) in US and go for a vacation and come back in 3 to 4 weeks?

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

H-4 rejected under 214(b)

My wife's H-4 got rejected under section 214(b) recently and interview went for less than minute. Should I apply again ?

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

Advance Parole

Right now my wife and I am on advance parole, In 2005 what happened was, when my H-1 and my wife’s H-4 came to renew ,the attorney forgot to renew my wife’s H-4 so she was out of status for about two months later he filed it everything was alright.So my question is can she go to India with advance parole and come back, will there be any problem?

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

H-4 visa and age

I am currently on H-4 (my visa expires 31st sept, 2010). I am 23 yrs old. I understand that the laws states that over 21 you are no longer on H4 visa. But in my case the immigration has issued me the visa for the date mentioned above. How do I go about ?

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

H4

Just would like to know that how soon can a spouse and children apply for a H4?

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

H4 Visa Stamping

I recently switched jobs and had my H1-B transferred from Company A to Company B. I have all the H1-B sponsorship documents in place from Company B.
I am married and my wife is on H4 visa. My wife is currently in India and she has a valid visa and I-94 based on my Company A H1. My wife’s visa and I-94 are valid thru Sept. 30, 2010.
My question is, although I have the all the approved papers for my wife’s new H4 visa based on Company B, instead of having her go for a re-stamping can she fly back on her old but valid visa and I-94?

She should be able to enter with her existing H-4 visa as long as she enters USA before the visa expires. But note that her H-4 I-94 given upon entry would be valid only till the visa stamp validity, so you may have to eventually get the visa restamped, or PERHAPS get the H-4 extended again.

H4 inquiry - Dubai resident holding Indian passport

I am on an H1b visa working in the usa. My wife currently has a residence visa from Dubai (UAE) and she is an indian citizen holding an indian passport.She has lived for 27 years in Dubai and for the last six to 12 months she has also been living in Dubai. Could you guide me on the process of getting her into the USA on a dependends visa please.

Easy. She needs to apply for H-4 visa at the US Consulate in Dubai. Contact them (you can check their web site http://dubai.usconsulate.gov/dubai/gvi.html) for what documents she must bring.

H-4 visa to H-1B

My Wife is on H4 visa.How can she convert her status to H1B Visa.What are the various ways out to attain work visa.

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

Travel during H4 processing

I am on J-2 visa. This is likely to expire soon due to my spouse changing her visa from J-1 to H1.I want to apply for H4 if I can travel outside USA during the application(processing) period.

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

H1B-H4-H1B

Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me.

1)Now Can I use existing H1B with the new employer?
2)Do I fall under quota or I need to file new H1B in this Year quota?

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

I was working as an IT professional and my H1-B visa expired on 13 december 2008 (I shifted to H4). I have been in this country for 10 years now and there are other factors involved too. Is there some way I can reactivate my H1-B visa status?

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 came on H4, got H1b, worked for few months, again changed to H4.Could somebody tell me how much would it cost to amend from H4 to H1.

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?

This is the buzz going around in techie town. If you have already heard it then pl. ignore if not this is interesting.

A techie based of Jersey goes to India to visit his family recently. Techie is assumed have lived in the US for quite some time. He is currently working on his work permit as an alien worker. Techie also has a temporary un-approved/un-guaranteed green card called the EAD.

While re entering an immi-officer that if they can call his manager. Techie then hands all the contact information. Officer gives him a call and asks if they really need a H1B worker for his position. Officer also ensures if the H1B possesses exceptional skills. Manager replies back with a YES!

Officer then calls an office that could tell how many citizens posses the same skill and are unemployed. Officer is told numerous unemployed. Officer now decides to send the techie back. Techie then pleads that he has a house on mortage, a car out of a loan. He needs time to return. Officer then grants him a month on a visiting visa. Techie once again pleads and successfully bargains a 3 month on a visitor visa to return back.

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

Nonimmigrant Visas
Green Cards
Common Topics
Professions