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

Hello Sir,
I have a question regarding visa stamping. Actually one of my friend's and her son visa got expired last year. Now they need to travel to India for short term but her husband (H1 holder) might not be able to join them. And also my friend's husband swtiched to different employer last year . So my question is can my friend and her friend travel to India and come back with new visa stamping in absence of her Husband during visa stamping process, considering the below conditions::
1. Earlier visa was sponsored through different employer.
2. Visa is no more valid.
3. H1 visa holder , husband will not be present in India during visa stamping.

Just we have noticed that my Dependent H4 Visa got expired 3 months back. Could you please suggest can we initiate their H4 VISA Extension right away and wait for approval (or) they have to go back to their home country immediately and get stamping done with my active I797 to come back here. Thanks !!!

I think leaving and coming back with H-4 visa is the smart thing to do. 180 days of unlawful presence will cause a 3-year bar.

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  Answers could be incomplete, incorrect or outdated.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

Hi Rajiv, I need some information about invalidating H4 visa and little more. We got married in 2015 and resided in India till March 2016. After that I got my H1B visa stamped and moved to USA alone while my wife stayed back in India also with her H-4 visa stamped from the consulate. She was never willing to and also never travelled to USA. Now based on mutual consent, we've filed mutual separation in India. Hopefully will get everything sorted out in November 2017. I have a plan to get re-married in Nov-Dec and need to get my new wife's visa stamped so that she can come over and join me.

How do I notify USCIS of my divorce so that they can invalidate the old H4 visa and issue a new one ?
Should I expect any hardship in obtaining H4 visa for my new wife ?

You do not need to notify the USCIS or the consulate of the divorce. When you get divorced and remarried, your spouse can just present a certified copy of the divorce decree during the visa process. That is sufficient.

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  Answers could be incomplete, incorrect or outdated.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

My kid is 8 years old and she is in H4 visa status. She got an opportunity to compete in an educational TV show in national television. She cleared the tests and is selected. But it requires a work permit that should be tied down to a bank account. Since she does not have SSN she cannot take a bank account.
Is it possible for her to participate in TV shows when she is in H4 visa?

We are not looking at any stipend amount but only at the merit of her participation in competition.
My current status is that I am on H1b. Applied for GC and have my I140 Approved. My Spouse also have the H4-EAD.

What is the best thing for me to do ? Should I contact DHS and request for special permission?

If no money or money-like benefits are expected, I see no problem with an H-4 holder to participate in a competition. No special permission is necessary.

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

Hi Rajiv,

My kids are supposed to work in a TV series and will get paid for their work if they do. Problem is my kids are on H4 and they don't have any work permit. what might be solution for them.
~Devendra