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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.

My H4 visa approval

Hi,My husband has got his H1 approved last week.He is in US right now.So when can i apply for my H4 and once i am approved when can i join him there?Can i apply for H4 without his H1 stamping done?He is in US now and got his H1 approved there and will not be coming to India in near future?Please help me in this regard.I am stuck up.

My H4 visa approval

I do not know the facts, but my guess is your husband converted from B to H status. That is almost always a bad idea. If he did, he needs a detailed consultation with his lawyers. If he did not, post a follow up here. I will guide.

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  Answers could be incomplete, incorrect or outdated.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

F 2 to H1b visa

Hi,

I am on f2 visa the visa valid upto 1 July 2012. My wife already filed H1b in Apr 1st week.
I am also planning to file my H1b. So can I directly apply H1b or fist apply H4 and then after apply H1b. How it will works?
Mean while my wife didn't apply H4 for me because we planning to apply h1b . If it will not can we apply H4 for me now it will possible.
Pls help me in this issue..
Thanks..

F 2 to H1b 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.

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  Answers could be incomplete, incorrect or outdated.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

B-2 to H-4

Hi,

I am currently in the US on a B1/B2 visa to visit my Girlfriend/Fiance who is on an H1B. My duration of stay on my current visa ends in June 2012. We plan to get married in April so that I can get onto an H4 visa. What is the best way to approach the change of visa status? My concerns are that I don't want to do anything that is "Frowned Upon" by the USCIS and/or might jeopardize things for me in the long term.

Thanks,
Anurag

B-2 to H-4

This is likely to be frowned upon. Join me in the next free community call this Thursday. I will explain.

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  Answers could be incomplete, incorrect or outdated.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

Extending my stay

I understand that extending my stay beyond June 2012 violates terms of my B2 visa. What if we get married and I return to India before June 2012 (as per my B2) and I then apply for the H4 from India?

Thanks,
Anurag.

Extending my stay

I think that is better, but not perfect. Government could consider entry for the purpose of marriage a misuse of B visa.

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

H4 Visa

I am hoping to get H1B approval in few weeks. Can my wife apply for H4 visa with just my H1 approval or does she needs to wait for my H1 to come into effect i.e. October 1st? And when can she travel at earliest on H4?

H4 Visa

She should be able to apply with your approval, but may not be allowed to enter USA before Sept. 21st or so.

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

Should my spouse wait till October to get my H-1 status

Hi,
I am currently on F1 OPT extension which will expire on June 30th. My wife is in India. I will be applying for my H1 visa in April. When is the earliest my wife can travel to US if her H4 gets stamped in May. Does she has to wait till Oct 1 for my H1 to get effective to enter in US?

Thank you
Akash Zade

Should my spouse wait till October to get my H-1 status

I believe the rule for H-1 holders is that they cannot enter earlier than 10 days prior to start date. The same rule should apply to H-4.

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

H-4 stamping date before Marriage

Hi Rajiv

I have valid H1b till 2013 & want to go for marriage in mid of March. I got receipt of I485, AP and EAD as I m in EB2. I want to take H4 stamping date in Mumbai before my I485 approved so I can bring my wife on H4 instead of family based F2A visa. So I need H4 stamping date ASAP

We are official unmarried now. My wife has to filled DS160 form for interview date and specify husband name in it. Is it possible to take H4 stamping date before marriage?

If I get the stamping date,is it valid? Will it create any issue on H4 stamping as she got the appointment date before marriage. Thanks

H-4 stamping date before Marriage

So the question is, can your spouse-to-be ask for an interview date for H-4 before the actual marriage? This is a procedural issue in my view. Check with the consulate. Email them.

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

H4 visa with old employer while H1 with new employer

Hi

I had my H1 with old employer Employer A. I got my family H4 visa stamped in October that time.
After that, I've changed my employment to Employer B and got H1 transferred approved for employer B.
My family still holds H4 with stamp of Employer A.

They are planning to travel to US now with visa stamped with Employer A. Will they need to get their H4 visa re-stamped for Employer B? Or they can safely travel with their original VISA?

Thanks
Shilpa

H4 visa with old employer while H1 with new employer

They should have no problem traveling with the old (unexpired) H-4 visa.

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

Applying for H-4 visa while H-1B stamping pending

hi Rajiv,

I went for H-1B stamping on december 19th 2011 and i got 221G its still under process they sent my application to USCIS for further review.

So can i apply for H4 visa on my husband dependent he is full time employee in American firm.
Please let me know i can apply for H4 visa without revocation of my H1B.

Thanks!
Tejal

Applying for H-4 visa while H-1B stamping pending

You can, but please discuss with your lawyers the detail pros and cons.

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

H4 visa

Hello! My dad holds H1B visa and family and I have H4 visas which are valid until may of 2012. I turned 21 in October of 2011 and now some people are telling me that I am "out of status" because I am not a dependent anymore. Is that true? I know I am not a dependent after I turn 21 but how does it make me "out of status" if I have valid I-797 form that says that I have H4 visa until may of 2012. Can you please explain this to me

thanks

Rail

H4 visa

You are out of status. So, you do need to address this situation.

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

Entry in USA on H-4

Hi, I am on valid H4 and filed I-485 along with my husband. I left USA before Advance Parole (AP) was approved. Now My husband's I-485 is approved and mine is still pending. Can I re-enter in US on H4 or AP? Please help.

Entry in USA on H-4

Do you have an H-4 visa stamp?

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

Volunteer in H-4

Hi,

As my wife is working in US for long, I have currently come on H4 visa to be with her for few months. I need to know - Can H4 visa holder do volunteering in non profit volunteer organizations ? I know i cannot work on H4 and I don't want to do as well, but doing non profit volunteering for community service is illegal for H4?

Thanks in advance.

Volunteer in H-4

H-4 can volunteer as long as they get no money or benefits. See my blog entry on this subject.

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

H4 visa

I have got married on December 8, 2012. My husband has got a job in USA and we both together applied for H1B for him and H4 for me. Our interview is few days later. I am from Bangladesh. Our families did not approve our wedding for some social issues and they did not attend our wedding. Thats why, we got married in an informal small way with the help of some of our near and dear ones. Wil this fact i mean, issues related to our marriage disrupt our visa approval?

H4 visa

I think you will be fine.

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

H4 Visa Queries

I have stamped visa that means my h1 petetion is approved right?
My employer is ready to give me offer letter that job is still valid.
But employer is not ready to give any employee verification letter.But should i go for my wife H4 Visa.
Please let me know the situation right now are the visa getting accepted or it is gloomy.
I have very less time to take the decision.
Please help me ASAP.

H4 Visa Queries

Please join me in the next free community conference call next Thursday.

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

H4 processing time

I am awaiting H1B approval. Once I get it I intend to apply H4 for my wife. I wish to know the time it takes to process a H4 visa after it is applied for.

Thannks in advance.

H4 processing time

Theoretically, an H-4 visa is a walk-in/walk-out procedure. That is how quick it SHOULD be.

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

H4 extension for wife and Child

Hi we had applied for H4 extension for my wife and child (1 year) in same I539 form. we received an approved 797 form for dependents. Applicant's name is my wife's name and beneficiary's name is my daugther's name. The i-94 in the form, contains only my daugther's number and not my wife's I94 number. My wife's name is mentioned as a petitioner. Should my wife also have a separate I94 in the approved 797 form?

H4 extension for wife and Child

She must have a separate I94.

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

Apply H4 after extending H1

Hi Rajiv,
Can I apply for H4 after extending my I94, which is actually after my Visa will be expired but I will have a valid I94. Could you please advise.

Thanks
Javed

Apply H4 after extending H1

I am not clear about what you are asking. Join me in our next free community conference call. Generally speaking, while you are in USA, your status is governed by your I-94, not your visa.

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

H4 visa application

Hi,
I am getting married in February 2012.I want to schedule H4 visa apptmt along with my fiance's H1B stamping in Feb post marriage. Could you please help us how to go abt that as both of us would be filling separate DS 160 forms? Also, do I need any vaccinations prior to interview?
Would really appreciate it if you could help us..
Thanks!

H4 visa application

Akanksha ji, review the consular web site for procedures. They are also pretty good about responding to emails.

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

Student with H4 visa

My kid is in 10th Grade on h4 visa. Just wondering he can do part time work or not? I will appreciate your response.

Student with H4 visa

No.

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

Change of status from L2 to H4

Hi Rajiv,
I was on L2 visa till present.Got my EAd few months back,which expires in apr 2013.
But I had to Adjust my status to H4 as my spouse's visa got changed to H1.Can I work with my EAD as it has got validity till 2013?Is there any other way that i can work in this country?

Change of status from L2 to H4

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

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

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