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.

Comments

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

Hello,

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.

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