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

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  Answers could be incomplete, incorrect or outdated.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

Other than not getting paid, I see no way around that.

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  Answers could be incomplete, incorrect or outdated.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

I believe H-4 EAD is only for spouses.

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  Answers could be incomplete, incorrect or outdated.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

Hi Rajiv,

I changed my employer in Oct 2016, my new employer filed H1 transfer and based on approved I-140 filed by previous employer, my spouse received H4-EAD. My previous employer revoked my I-140 after few months. We have not received any H4-EAD revoke notice from USCIS.
We are planning to visit India and will have to get H1 and H4 visa stamped. My spouse is not currently employed but may be employed during visa stamping.
Will visa officer revoke her H4-EAD during visa interview or cause any other issues during H4 stamping?

Thank you for your help
Praveen

Hello Sir, I need your help in Scheduling consulate appointment only for dependents, excluding primary applicant.

I am in USA and need to schedule appointment for my spouse and daughter together (Both H4). I have old account with UStraveldocs. I dont know whether i can use my account to schedule appoint for them together. Somewhere I read, if I use my account, I can not take my name from interview date. So I have a question.

in order to Scheduling consulate appointment only for dependents, excluding primary applicant, do I need to create account for my spouse and then she can add my daughter to the list of appointment?.

Please guide its urgent

Thanks in advance