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: 


Hi Rajiv Ji,

My company had submitted my H1B extension and dependents h4 extension. I got my extension approval but my dependents extension is still in process.
I have to travel to India by end of this month for a month time. During India visit i have to go for stamping.

I just wanted to know, can i take my family for their stamping too based on my petition approval or they will have to wait for their approval ?
As per my understanding, based on my H1 approval, they can join me for stamping and travel back to US after a month.

Do you see any problem on their petition if they travel during their approval process ?

Please advise.


Satsh ji, unlike H-1, the H-4 visa application does NOT require a prior approval from USCIS. Even if their current H-4 petitions with the USCIS are pending, they can walk in (figuratively speaking) to the consulate with you and obtain an H-4 visa.

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  Answers could be incomplete, incorrect or outdated.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


Can anyone here help me out to know, is there any separate procedure to get a H4 visa for my wife, who is an Central Government Employee.
What are the documents we need to obtain from her office to be eligible to get a H4 visa.
Any additional information on this will be most helpful. I dont have any idea on this.


I didn't get H1B stamped in 2011 and it got expired on 2013 while i was in India.
I am here in US on my H4 visa currently.

Could you pls help me understanding if i will be cap exempt in order to apply H1B or do i need to go through lottery system in this April?

Try. In our calls to USCIS, they have indicated that for an H-1 beneficiary outside the USA, unless visa is stamped, USCIS does not consider them exempt from quota. In my opinion they are wrong. So, try.

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  Answers could be incomplete, incorrect or outdated.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

My daughter has H4 VISA till Sept 2015. She is to live with us but for the last 3 years she is pursuing her education in India visiting us every summer for two months. She will be 21 years old this May 2015. Every time she visits us in the U.S, her I-94 validity is noted to valid till Sept 2015. She is planning to visit us this year as well in June 2015 for two months. Is there any issue in her visiting after turning 21 years this May 2015 even though her VISA in the passport as well as I-94 is valid till Sept 2015? Appreciate your early reply. Thanks!

On her 21st birthday, she is no longer entitled to an H-4. If given by USCIS/Consulates in error, do not use that H-4. Look at alternatives, Ram ji.

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

My h4 visa is expired on 20 nov 2014 I filed my case in august 2014 for extension my case is filled but not extended till now. I want to know for how long can i stay in US.


I am an Indian national currently having H1b visa , I recently got married in India and want to file h4 visa for my wife, but the problem is that my wife is having srilankan nationality and she is now living with my family in india after marriage, can she file her visa from India ? or she needs to go back to her native country to apply for h4? she is living in India for past 3 months, is there any rule which says that she can not file her visa from the primary applicant's home country?