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.

Nonimmigrant Visas

Comments

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Submitted by Avijit (not verified) on Sun, 01/15/2023 - 10:45 Permalink

Hello Sir,

I have got my son's visa stamping appointment scheduled on March 2023, but my visa is going to be expired by June 2023. My Wife recently got her H1B approved and she has her expiry date in Oct 2023. Both My wife and I are working with different employers. Is it add my son as a dependent of my wife, instead of me and get the H4 stamped against my wife's H1B ? Please note, my son had his previous H4 against my petition and my employer paid for the visa stamping appointment on March 2023.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Surendranath M (not verified) on Wed, 01/18/2023 - 13:11 Permalink

Hi Rajiv, I'm in the H1B extension, and my dependents (Spouse + Son) are in the H4 extension. Now the question is due to various reasons, we are going to India separately and then returning, wanted to get visa stamping. First, I will go next to my spouse and after my son. Will this be ok if My son goes separately to the consulate for H4 visa stamping after us? Is there any risk involved in getting visa stamping for my son going separately?

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Submitted by Jaya (not verified) on Thu, 01/19/2023 - 20:32 Permalink

Hello,

I am currently in US with H1 B visa. I need to take my son for his VISA stamping and he is a minor. My husband does not have H1 B nor H4. Basically, my husband is not interested to travel now. What all are the documents needed for my son's VISA stamping or to apply for H4.

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Hello Sir,

I am going through divorce . I am at USA on H1 B. My son is in India. We have got 6 month cooling period from the court. Is it possible to get my son to USA during this 6 months cooling period ? Custody of my son is with me. if yes then what are documents needed for H4 VISA stamping ? Is it required still take a NOC from kid's biological father?or court order is fine?

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Submitted by priya (not verified) on Sat, 01/28/2023 - 02:12 Permalink

Looking for a suggestion: I am on H1B visa and booked my initial DS160 along with H4 for visa appointment in Nov this year, and am eligible for dropbox. Now, I have a emergency India travel (as my Dad is not doing well), and rescheduled my H1B visa next month in Chennai. But I could see that H4 is also scheduled along with me. However, I am not taking my dependent (as we don't want to miss her middle school). Questions: 1. Can I take my dependant's Passport along with my H1B for drop-off? 2. I have taken the visa slot in Chennai, can I drop it in Hyderabad location?

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I know applicants have done this, but I am not aware of any official guidance on this.

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Submitted by Prakhar Patwa (not verified) on Sat, 01/28/2023 - 02:13 Permalink

I am on H4 + EAD. Currently, I am an Indian citizen also a Canadian PR. I am eligible to apply for Canadian Citizenship.

Question: Once I get the Canadian citizenship then I have to surrender my Indian passport. So do I have to go to the same process from scratch to apply for h4 + ead with my Canadian passport or there is other way?

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by SH (not verified) on Mon, 01/30/2023 - 11:38 Permalink

Hi Sir, I am on H1B visa and lost my job currently in 60 days period. My kids are my H4 dependents. As my husband is holding H1B, i will convert myself from H1B to H4. Do my kids also have to file H4 under my husband's H1B visa, as they are already in my H4. Please let us know on this. Thanks

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Submitted by vydehi (not verified) on Mon, 02/06/2023 - 11:09 Permalink

Have taken H4 visa appointment for me and my daughter together in July. now I need to travel alone to India in Feb. Can I reschedule just my appointment with out disturbing my daughter's appointment? or both h4 together only?

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Contact the consulate. They will have to guide you.

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Submitted by Navin (not verified) on Mon, 02/06/2023 - 14:02 Permalink

Hi Sir, Recently I got H1B stamping in Mexico for me and my spouse got H4. One of my kid(15 months) is India due to family reasons. Can I get stamping done for kid without her presence, if yes what are the necessity documents I should have to provide. Please suggest Thank you in advance.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Verma (not verified) on Thu, 02/09/2023 - 11:17 Permalink

Greetings! I came to the US on a H4 visa (stamp is still valid for another two years/My husband's H1B is still valid for 2 more years) and I'm now working with a cap-exempt employer who filed my H1B petition, which was approved. Is it possible for me to leave the country and return with the H4 stamp, or do I need to go for visa interview and have my H1B visa stamped on my passport to re-enter?

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Jaya (not verified) on Mon, 02/13/2023 - 22:50 Permalink

Hello, I am currently in US and my son who is 9 years old is in India with his Grandparents . I am going through divorce. My son's VISA stamping is scheduled in next two weeks. Can I know what are the documents that are needed for his stamping while I am going through a divorce . I am not getting any supporting documents like passport or NOC from my husband. Please help me with this query .

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by CA_KVR (not verified) on Sat, 02/25/2023 - 00:00 Permalink

I am in H1 B with my family and have approved I-140 in EB3. My elder daughter is 14 years old now. She is disable child and born in India. When she turn 21 year, I don't think we would have received GC. As 21 years and above are not eligible for H4, is there way my daughter can be in USA.

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Submitted by Rajiv S. Khanna on Sun, 02/26/2023 - 06:06 Permalink

A tourist status that you keep extending may be possible. See our FAQ.

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Submitted by Harish (not verified) on Thu, 03/09/2023 - 13:32 Permalink

Hello Sir,

I'm currently in US and planning to go to India and get my H1 extension stamping done. My wife is also in US. She might not come to India with me. Can I carry my wife's passport to India and submit it for H4 extension stamping along with my application?

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Submitted by Raguram (not verified) on Fri, 03/10/2023 - 10:13 Permalink

I'm in USA, my family in India. my wife & 2nd daughter have valid H4 till April 2023 and my 1st daughter 16 years old. she is going to attend consulate interview March 15th 2023. Can my daughter go for an H4 Visa stamping in india, whereas my H1B has expiry April 2023 Kindly advise

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sreekanth (not verified) on Fri, 03/10/2023 - 13:28 Permalink

Hi, Please clarify below. I'm currently on H1b with valid I797A till 2025 (H1 stamped visa expired in Feb 2023). My wife recently travelled to India due to family emergency while her H4 in still in process and child stayed back in USA. She got stamping on my I797A, today her H4 case is denied. This denial is applicable to my child as well (child I-94 expired in Feb 2023), can he stay in US with new petition or he has to travel back for stamping ?

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This will require some discussion. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…

If you cannot wait, feel free to set up a consultation with us: https://www.immigration.com/our-fees

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Swapna (not verified) on Sat, 03/11/2023 - 15:15 Permalink

HI: My passport is going to expired soon and and I need to know, can I apply for my H4 renewal with expired passport ?

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by JORGE (not verified) on Sun, 03/12/2023 - 12:53 Permalink

Hi. Good morning

Facts 1) I'm H1B Visa holder 2) My minor son (13yo) is H4 Visa holder

Question 1) Can I apply to a EAD for my minor son (13 yo) ? 2) If the answer is Yes, what Category of Eligibility for him I should to use on form I-765 ? C26 ?

USCIS page isn't clear about EAD for Dependents (Children) H4 Visa holders.

Thanks in advance.

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Submitted by sara (not verified) on Tue, 03/21/2023 - 09:43 Permalink

My husband has no Valid visa (last stamping 2017),me and my 7 ys old kid going for h4 stamping,if my kid is eligible for dropbox?

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Submitted by Afroze (not verified) on Fri, 03/24/2023 - 01:57 Permalink

My husband (H1B primary applicant) got visa interview waiver due to his existing US visa under B1/B2 category but me my son (H4 applicant/dependent) don’t have any existing US visa and/or travel record. So in this situation, when my husband (h1b applicant) applied for interview schedule along with us (as dependent h4 candidates) he is asked to submit required documents in Dropbox. So now what’s the procedures to submit fingerprints of me and my son (h4 candidates). Are we allowed to submit our documents in Dropbox along with my husband (h1b primary applicant)?

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Submitted by Sha Mewani (not verified) on Fri, 03/24/2023 - 20:12 Permalink

Hello, I am from India and I will be receiving the H1B visa from my work. My husband who is Filipino will receive the H4 status through me. I understand I will go back to get the passport stamped in India, but will my husband also go to India to get his passport stamped with me? Or should he go to his home country? Not sure how this works. Thank you for your support.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Gym (not verified) on Fri, 04/07/2023 - 14:54 Permalink

Me (as an H1B) and my wife (as an H4) arrived in the US last January 2023. We have been asking for advise and if any assistance can be made where my wife can apply for EAD. And unfortunately for most, they said no unless I (as an H1B holder) has started to apply for Green Card. Just want to confirm if that's the case. Would you be able to answer this correctly and possibly assist?

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Submitted by Rajiv S. Khanna on Sat, 04/08/2023 - 06:02 Permalink In reply to by Gym (not verified)

The answer is no.

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Submitted by Bharath Kumar (not verified) on Fri, 04/21/2023 - 04:04 Permalink

My current H1B is expiring in Oct 2023 and I already have an approved H1B extension notice until 2026 October. My wife is planning to apply for H4 Visa in June and fly to US in July this year. Below are my questions:

A. Will US consulate grant her H4 visa based on current or extended H1 approval notice? What would be the expiration date of her H4 visa in this case.

B. If her H4 visa is granted until Oct 2023, will she able to live in US beyond that date, given I have my approved H1B notice?

C. If her H4 visa is approved until Oct 2026, will she be able to travel to US in July or would she have to wait until Oct 2023?

D. If she gets her H4 approved until Oct 2023 this year, can she apply for EAD when she flies to US in July? In short, will she be able to apply for an EAD if her H4 stamping expires in Oct 2023? (I have both I-140 and H1B extension approvals) Will H4 EAD expiration date depends on her H4 stamping validity date or my H1B extension approval date? (Oct 2026)

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Submitted by Rajiv S. Khanna on Sun, 04/23/2023 - 10:42 Permalink In reply to by Bharath Kumar (not verified)

You may want to post your question for my next free community conference call held every other Thursday https://forums.immigration.com/forums/free-conference-call-for-us-immigration-questions.233/.

If you need a one-on-one video conference, you can request a paid consultation. The fees are here: https://www.immigration.com/our-fees
To schedule a paid consultation, please send an email with your questions to help <at> immigration.com. We can get back to you with the time and cost of the consultation.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Priya (not verified) on Mon, 02/05/2024 - 23:19 Permalink

Hi Sir,

We have valid US stamping from India till June 2024. Now we got visa extension from July 2024 to next 3 years. In May 2024 if I travel to India, can I go again for stamping with new I 797 .

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Submitted by Mriana Sanash (not verified) on Thu, 02/22/2024 - 03:47 Permalink

Hi, I have h1b visa consulate appointment next week and my spouse has h4 consulate appointment the following week. Is it okay for h4 visa applicant to proceed with the appointment even by that time I haven’t got my h1b visa stamped? Or is it better to go together even if my spouse plans to come much later to US. I have a job offer in US with approved H1b transfer petition(I-797) Please let me know

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Submitted by Amit (not verified) on Fri, 03/15/2024 - 00:40 Permalink

My spouse got 221g and VO asked her for more evidence for her first time h4 visa interview. She provided a copy of my i797 along with i-94 and previous visa copies but VO asked for current visa copy of primary applicant. Is it possible to request the US consulate to consider our case on the basis of i797 and i-94?

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Submitted by Narendra (not verified) on Tue, 03/19/2024 - 07:55 Permalink

Hello Sir, GM/GE. I'm separated from my wife and took the whole responsibility of my kid. Now he is 12+ years. We both are in India as of now. I recently got H1B stamping. I have my son's H4 Visa appointment in next 3 days. I have court order for divorce also another order from court for my kid's guardianship on my name. But only point in that order was, she has visiting rights. Now am I need to get any type of consent from my wife or those 2 court orders were enough? Please clarify. Thanks in advance.

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Submitted by Thasleem Khalid (not verified) on Sun, 03/24/2024 - 14:34 Permalink

Hi,

My wife submitted her H4 Visa Dropbox was refused and passport returned without any explanation letter. We opened a case with UsTravelDocs and they sent an email that Visa was denied under 214(b) Category.

My understanding is 214(b) should not be applicable for H4.Is there a way we can appeal this? Or is the better option to reapply?

Case Timeline: Category: H4 Dropbox Date: 02/26/2024 Date Status Changed to Refused: 03/20/2024 Passport Received Date: 03/23/2024

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