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,

I am currently on H1-B which is valid till February 2016. I just got married and my wife is H-4,dependent on me. I need to file for my H1-b Extension and my wife's H-4 extension will also go with that. The earliest I can file for extension is 6 months before expiration.

We want to file for my Wife's H-4 EAD. My question is that should we file for her EAD before I send the visa for extension or should we file for it after we get the extension approval? If we file for her H-4 EAD now and say she receives it sometime in September or October and then we again file for the H-4 EAD extension after we get my H-1 Extension, will the new EAD card overlap the existing one so that she can continue her employment without a break? Thank you!

Whether or not there will be a break in employment is impossible to predict to a certainty. My GUESS is there will be not break if you file early enough for H-1, H-4 and EAD extensions.

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I have been staying in United States since last 8 years on H4 dependent visa and green card (EB3 category) is in process
I have EAD (Employee Authorization Document ) as well. Unfortunately my husband is filing a divorce now.

So is there any way I am still eligible to stay in the country after my divorce and if not how many months more I can stay in the country.Please reply

Veda ji, once divorced, you are not entitled to H-4 or the green card. You need to look at other options like your own H-1.

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hello,
my h4 visa extension has been approved, i mean the USCIS has sent me an approval notice with the I-94 record card. Now it clearly says, this is not a visa. What do i need to do in order to travel to India, do i have to go to a US consulate here, to get a visa stamped in my passport, because in order to travel through europe we need a valid US Visa. or travel thru dubai , which doesnt require any visa, and then get stamped in the US consulate while coming back? i'm confused and do not know what is the next step after approval notice. by the way my spouse h1b visa was also extended while in US by the Employer. but, my spouse hasn't gone out for visa stamping yet, will this effect my visa stamping?

When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa.

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

HI
Mr. Rajiv

My name is Dinesh and I am on H1B (Part time) and I have approved I-140 from current employer and I have one US Citizen son. My questions is, can I eligible for file EAD or adjustment of status. ?

Thank you
Dinesh

Having a US citizen child gives us no advantage in an employment-based application.

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

Hello Rajiv ji,
I am on H1 currently. I changed my employer in June and H1 transfer is still in process and expected to be done by earliest of December.
Am planning to take a break and apply for H4 EAD. Can I go ahead and quit and then apply for H4 EAD( during my notice period)? By doing so will my H1 transfer be suspended and H4 processin kicks in? I want to go to India in January . Please advise the best thing in my case.

Thanks,
Radhika

There are several options. I suggest you join the next free community conference call, Radhika ji.

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