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,

I am working for Company A, my H1B and I-94 was expired on 30th Sep & 10th Oct 2015 respectively. My company already filed my H1B extension in normal mode on 16th Sep 2015 but they forget to file the same for my Family & they filed the same on Dec 10 2015. They are out of Status in US and Attorney of Company A told me to keep a watch on 180 days of limit, started from 10th Oct 2015. I have still waiting for my H1B approval.

I tried to transfer my H1B from Company A to B on 20th Nov. Company B also filed Extension request for my family.
On 20th Dec 2015, My H1B Transfer to Company B was approved but at the same time my stay is denied, hence company B is asking me to go back to India and stamp my H1B. I don't want to opt this option for now and continuing with Company A.

Today (7th Jan 2016) only I came to know that H4 extension petition filled by Company B is denied, but I am still with Company A; who has also filled H4 extension request for my family.

Please do let me know, should I wait for result of H4 extension request filed by Company A, in which I am currently working or immediately send my family back. Bit concerned as my kids are in school.

Please help me.

Sid, read up on "unlawful presence." I cannot understand all the facts you have put down in the question. I can say, generally speaking, you cannot take a chance with your wife being unlawfully present for 180 days. That results in a 3-year bar from entering the USA,

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  Answers could be incomplete, incorrect or outdated.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

Hello,

I am a student on an H-4 Visa and I was wondering what I could legally do to increase my work experience before graduating. Am I allowed to join an unpaid internship? Can I work as a research assistant for free?

Thank uou,
Abhilasha

Hi,

I am a Singapore national completing my graduate program in Canada. I have a study permit, and eligible to apply for a work permit upon graduation in Canada.
I am getting married to my partner in San Francisco on Feb 17, and will then be applying for my H4 visa. She is a H1B visa holder.

1) I want to ask if it is possible for me to do my H4 Visa process in Vancouver (Canada) or should I be going home back to Singapore?

2) Does have anyone have any advise on the complexity of the processes in the two countries, or the difficulties for non-canadians to get their H4 visas in an US embassy in Canada, or even the expected timeline?

Thank you
Manju

I do not see not problem in applying from Canada, Manju ji. I do not believe the process in Canada will be any more complex.

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

I am on 5th year of my H1B where it expires on Nov 21 2017 (including recapture, which is end date of 6th year) my wife H4 also expires on Nov 21 2017. As of now my project got changed and my employer is the process to file a new amendment , as per my employer there is no need file H4 with my H1B amendment, however after few months my wife will be travelling outside the USA to India, where her H4 Visa got expired on Feb 21st 2016, does this will create any issue when she attends for Visa interview at consulate , India .

My Priority date : My employer filed the Perm on Oct 30 2015 which is still in the process.

Thank You sir for taking your valuable time to answer my question, i really appreciate your contribution towards the community.

Ishtiaq Ahmed

H-4 visa can be obtained without USCIS H-4 status approval. So, she could obtain H-4 visa based upon your H-1 approval.

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

My husband is getting a h1b. I'm brazilan and I have two kids from first marriage. Are they eligible for H4 like me?
Thanks

H-4 will be available for children legally accepted as children of the H-1 holder.

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