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: 


I had just court marriage since our religion were different, we did not go for any traditional marriage so we don't have marriage photographs, however, we have some photo graphs which was taken while signing in front of the marriage officier.. what are the implication or documents required if we don't have wedding photos..?

That should be acceptable given your circumstances, Abdul.

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  Answers could be incomplete, incorrect or outdated.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

I got married in Aug 2016 and my husband is working in US on H1B and my H4 visa is being applied by his employer. The issue is that i got a H1B rejected in 2013 due to lack of evidence provided by Company during RFE. The company applying for my H1B were paid consultants, I paid them to apply my H1B, but they couldn't produce proper docs for RFE.

Next year, in 2014 my tourist visa got rejected, during interview for tourist visa I was asked about my previous H1B rejection. The question was: "The company that applied your H1B, were you employed with it??" I answered: "No, they gave me a job offer & applied for my H1B". And then the interviewer handed my passport back to me :(

I've mentioned about these rejections correctly in the DS-160 form.

Q1) Will the previous rejections impact my current H4 application??

Q2) Is there any way I can help the situation here, like a letter from my husband's Senator supporting the situation ?????

Q3) If Q2 works out, how to get that Senator letter and what shall be the letter content????

PS: I'm working in India in IT, with 7 years of exp, and will be taking a leave from work to stay in US for 4-6 months on H4

Hello Sir,

I am currently on H1B and My spouse has his I140 approved and will be applying for his H1 extension. I plan to apply for COS H4+ EAD concurrently along with his H1 extension under Premium.

I believe H4 EAD is one of the executive actions taken under Mr Obama and I read some news about Immigration being one of the top priority item for our President Elect next year. Is H4 EAD at a risk in 2017 ? Are there chances that all EADs already provided for H4 will be revoked or EAD process for H4 candidates stalled next year?

I know there is a lot of uncertainity on what could happen next year but trying to get feedback from the Immigration experts. I am unsure if I should make the move of switching from H1B to H4+EAD now or continue with my H1B which is valid until Jan 2018.

One reason why I want to apply for COS H4+EAD now is because my spouse H1 extension is being applied under Premium which gives me a chance of getting my H4 ( and possibly EAD ) in shorter timeframe versus I apply seperately next year then I need to wait for normal processing which is upto 6 months.

I would really appreciate your advise/feedback on the same. Thanks a ton for your time.

H-4 EAD was NOT an executive action, Sapna ji. This was formal rule-making (regulations). Trump administration could reverse the decision through formal notice, but it is a process and takes time.

The decision to convert to H-4 is reversible. You can always change back to H-1.

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

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.