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: 

Comments

No, Emily, not until you get an EAD.

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  Answers could be incomplete, incorrect or outdated.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

Hello,

I am planning to move back to H1B with a new employer. My H4 COS is still pending with USCIS, Can my new employer file for H1B and H4 cos withdrawal simultaneously or should I wait for the H1B approval before withdrawing the pending H4 application?

Thanks!

That requires discussion and an understanding of what your status is when an application is pending. We did a video on this last week. I will add to my blog this week. Wait for it. Then ask me again, if not clear.

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  Answers could be incomplete, incorrect or outdated.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

Hi,

I live in Colorado and on H4 visa right now. I would be grateful if you can tell me the process of getting H1 done.
I was wondering if you can suggest me few trustworthy H1B sponsor consultancies or any short term course which can be helpful to lend in a job.
Looking forward for your response.

Anu ji, unless you get a quota exempt job, this years H-1 quota is over.

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  Answers could be incomplete, incorrect or outdated.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

I am in H-1B visa in USA. My wife who is Russian will apply for H-4 from Russia with my H-1B. I will send her my current passport pages and I-94. She will apply and then wait to get visa. But, before she comes to US, I have an international conference to attend in Italy. If I travel internationally before she receives her visa or before she comes to USA, will that be any problem? Please advise as soon as you can, because we have to plan very quickly. Much thanks in advance!

Hi,
I have a query regarding my dependents visa. Currently I am on H1 and I will be changing my company. My current visa is valid upto AUG2017. Dependent H4 also valid upto Aug2017. Now, once I transfer my H1 to new company, will the dependent H4 still valid? My dependents are still not in US. Can they travel with the existing H4? Please advise on this.

Regards,
Smita Patil

H-1 holders change in companies should have no affect on the H-4 holders' visa, Smita ji. They can still travel with the same visa.

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  Answers could be incomplete, incorrect or outdated.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

Hi sir,

I'm in US on H1B and my wife and kids in India.

1. They need to for H4 stamping, due to huge queue the interview wait time is 100 days delays apprx.
2. Can I ask them to go to other countries like UAE where wait time for interview is just week.??

Thanks
Jafed.