H-4 Visa Spouse & Children

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.


Submitted by Heena Gandhi (not verified) on Mon, 09/20/2021 - 14:43 Permalink

I am currently having H4 visa (no EAD) in US. Being a clinical research professional, I contributed as a volunteer in Covid-19 vaccine trial in a hospital in US. The current situation has opened a new era of remote job opportunities in my field and as I have a vast experience, I want to explore if I can work with an Indian company (with no connections to US companies) remotely where I would be getting salary in Indian rupees. I also intend to pay taxes in India and show that as a foreign income here in US. Can I do that?

Submitted by Sumathi (not verified) on Fri, 10/01/2021 - 15:11 Permalink

We applied for H4 extension with my husband's primary H1B in premium processing before our i94 expiry(May13th 2021). H1B got approved but my H4 package got rejected and USCIS returned our document because of the signature that I have signed in place of my daughter's signature who is now 15 yrs old. We were not aware that I-539A form should be signed by my daughter who was older than 14 years of age. Attorney reapplied our H4 extension after our i94 expired and we received our receipt numbers stating that the received date is May26th. We were not able to travel out of USA immediately due to pandemic situation in India and our children's school education. The consulates are not functioning fully and unable to get appointments in India. Still we have filled our DS-160 forms , paid our fees and waiting for appointment slots for consular in India. 1. What we can do at this situation? Can we wait for the USCIS result or travel out of country? 2. Whether me and my children(minor) are accruing the overstay period? Whether minor children accrue unlawful presence or out of status? 3. Whether this out of status of the h4 dependents will affect during the green card process? 4. What is the procedure to do the adjudication of the i94 dates and to be in status. 5. Can I travel alone to try consular process in our home country India leaving children here because their education will be disrupted? What will happen to the H4 applications we filed with USCIS? 6. Can the primary H1b holder file a new h4 extension for the kids because they are not travelling out of country? What is the procedure NPT ? can we apply more H4 for kids while their first one is in process? 7. If the children travel after 180 days to India for stamping will they be barred for entry to USA. Will their visa get rejected in stamping? Will they face issue during the green card process? Please need help and advice to proceed on my current situation.

Submitted by Rajiv S. Khanna on Mon, 10/11/2021 - 08:21 Permalink

You need to speak with your own lawyers or seek a formal consultation with us.  Use the "contact us" form to get in touch with us.

Submitted by Keerthi Vishal (not verified) on Sat, 10/23/2021 - 14:05 Permalink

I have H1B visa and my PERM application process is underway. It looks like it will take at least a year for my I-140 application process to be complete. My wife is on H4 visa and is planning to pursue Masters in US on the H4 visa. During her Masters if my I-140 get approved, can we apply for H4 EAD while she is continuing her Masters. H4 EAD application seems to be taking 8 to 13 months, and we would like to apply for it as soon as possible.

Submitted by Sushmitha (not verified) on Thu, 11/18/2021 - 12:23 Permalink


I am currently on F1 OPT that expires Dec 31st 2021. I have applied for H4 COS in September. My husband (on H1B) has approved I140 and is going to file for the AOS I485 around February. My question is can we file for I485 with a pending H4 status or do I need to go to India and get H4 stamped. Thanks and appreciate in advance for your time.

Submitted by Sreenath (not verified) on Mon, 12/27/2021 - 09:42 Permalink


I am working in USA with H1B permit. My wife and 1 kid has H4 visa as my dependent. They stayed in USA for few months. Now, We have 2nd kid recently born in India and we have booked visa slot for all of us on apr-22. Currently, my all dependents are staying in India. Recently, My wife H1B petition got approved through her employer and planning to enter USA on H1b petition. her H1B visa stamping is in progress.

1. Would my both kids will have 2 H4 visa ? One is with my petition and another one with my wife petition?. Please clarify.

Submitted by Jey (not verified) on Tue, 01/11/2022 - 04:56 Permalink

I have couple of questions my kid was born last july in india neither me or my wife have valid visa stamped in passport im in US with a valid I797. I have my wife dropbox appointment at jan 18. I have my kid consular appointment at feb 2. I booked his appointment as consular as the current wait times for appointment is very long and wanted to bring them to US soon. Does my wife need to goto the appointment on Feb 2 with her original passport or a copy of her passport is still fine?! Can anyone else go instead of my wife with a authorization letter.? Kindly advice.

Submitted by Rajiv S. Khanna on Wed, 01/12/2022 - 12:16 Permalink In reply to by Jey (not verified)

I am not sure I understand.  You may have to expand on what you are trying to do.

Submitted by Jeyamurugan Sp (not verified) on Wed, 01/12/2022 - 13:11 Permalink In reply to by Rajiv S. Khanna

Hi, Im trying to get visa stamping for my kid. The appointment is in Mumbai my wife has to travel from tamilnadu. Seeing the current Covid surge I want her to avoid traveling with new born if possible. My wife has her drop box appointment on Jan 18 in Delhi. She has sent the documents to one of my friend who will drop in the documents for her. For the appointment in Mumbai I want to know if she needs to go in directly to consulate or we can send the documents through a friend. If she needs to go directly does she need to take her original passport as well along with her or a xerox copy is fine since there is no guarantee that the passport will be received Feb 2 appointment.

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