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.

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Under the law, there is no requirement that an H-1B visa stamping must already be in place for an employee working in the United States before their dependent can get an H4 visa stamping. The consulates can insist on an H1B visa stamping first, but they usually do not. About the dropbox requirements, you will have to check the recent procedures on their website.

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Submitted by Ashutosh Verma (not verified) on Fri, 03/25/2022 - 10:14 Permalink

Hi,

My H1B Visa is valid till Sep 2023. My Son who is currently in India had also stamped his H4 visa. However he is now over 21 yrs of age. Can he travel to US to visit us on the same visa or he has to apply for a B2.

Thanks and Regards

Ashutosh Verma

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Submitted by Rohan (not verified) on Tue, 03/29/2022 - 13:07 Permalink

Hi, I recently switched from J1 to a H1B. My H4 spouse was on J2 and was holding a valid EAD. Is it legal for her to accept commission/royalty payments per sale on work done while she was on J2 with a valid EAD. To be clear, she is not doing any work now, but is it okay to accept royalty from previous work? Thanks!

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Submitted by Rajashekar (not verified) on Tue, 04/05/2022 - 12:53 Permalink

The current situation is the H1B visa expires on Dec 1st whereas the H4 visa expires 2months before and the dependent has EAD and is working. Questions 1) in order for the H4 dependent continue working under H4 EAD, should the H4 extension be filed with the current visa of H1B or wait until to file along with the H1B renewal extension (this would make only 4months for H4 dependent to get the visa renewal to continue working)

2)will H4EAD automatic extension apply in this case?

What do you recommend?

Thank you

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The automatic extension of employment authorization is useful only if the I 94 expires after the duration of the employment authorization. The rest, your lawyers will have to help you figure out.

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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 Pooja (not verified) on Wed, 04/13/2022 - 05:18 Permalink

My husband and I have separate H1b stamped . initially my child 2 year old have H4 as an dependent on me . due to lack of opportunity I cant travel US on H1b so am filing H4 as an dependent on my husband . My question is can my child now have H4 as an dependent under father holding H1b although child already have H4 under me?

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Submitted by Santhan (not verified) on Thu, 04/14/2022 - 16:19 Permalink

We are family of 3 and all 3 of us have a visa that expired in December 2021.Currently we are in US and are travelling to India in August 2022. I have an approved i797 until 2024 and my dependents spouse and kid have approved i539 until 2024. My kid is 3 year old.

Now the question is my kid eligible for dropbox appointment along with the me and my wife? Some forum say kids under the age of 14 are eligible for dropbox only if either of the parents have a valid visa. I am not understanding what does the valid visa here mean.

I have everything scheduled for the dropbox but now have a question with respect to my kid dropbox eligibility.

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Submitted by Rajiv S. Khanna on Tue, 04/26/2022 - 07:46 Permalink In reply to by Santhan (not verified)

That visa requirement sounds familiar. I do not know off hand. Have you contacted the agency?

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Submitted by Amita (not verified) on Thu, 04/21/2022 - 11:03 Permalink

I have pending H4 & H4 EAD applications with USCIS. I recently travelled to India for a family emergency and had to get my Visa stamped. Should I send my updated I94 and visa stamp to USCIS for my pending applications. Is that recommended. Also my 2 children H4 is also applied along with me who did not travel. Will this update affect their applications?

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Submitted by Gurunath (not verified) on Sun, 05/01/2022 - 15:58 Permalink

Hello Sir, I have scheduled VAC and consular appointment for my son(10 yr old) since he was not eligible for dropbox. I have following questions 1. Do I need to take my son for VAC and interview ? 2. Is it Ok if me and my wife attend VAC, interview ?

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Submitted by Sarath Lingutla (not verified) on Wed, 05/04/2022 - 13:42 Permalink

I have an approved I-797 from my current employer. I am currently in India with a H1B Visa expired in 2018 (I travelled to US in Feb '17 and stayed till June '17) from my previous employer. While scheduling an appointment for a visa interview for me, my wife and my 2 year old toddler, it was shown that we are eligible for VISA interview waiver. My wife has an Expired H4 VISA in 2018, so she was also eligible for dropbox. My question is, will my toddler have any problem with getting a H4 since he doesn't have any VISA stamped in his passport, if we schedule the same dropbox date as neither me nor my wife has a valid VISA? should I book my appointment first and after I get my VISA should I book one for my wife and toddler ? Please advise as I do not want to risk a H4 rejection for my toddler

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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 Kanupriya Singh (not verified) on Mon, 05/09/2022 - 13:36 Permalink

Dear Sir, Greetings! I am a PhD candidate on F1 visa in the US. My 6 yr old kid is in India whom I want to bring to the US. I understand that he can join me on F2 visa. My husband is also coming to the US on H1B through his company. We are not able to take a decision on which visa to apply for our kid - F2 or H4? I expect to defend by Spring 2023 and start working on OPT, and later, possibly on H1B in academia. My F2 expires Sep 2023. My husband's H1B is until 2025. Which visa should we apply for our kid so that he can smoothly pursue his K-12 education in the US? If we apply H4 for him on my husband's H1B, can I later transfer my kid to my H1B? Thank you!

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Submitted by Neha singh (not verified) on Mon, 05/09/2022 - 18:45 Permalink

Sir , my son is 6 year old and I am planning to traveling to India , my husband is on h1 b and got approved I797 valid feb 2024 and I am on F1 visa which is valid till august 2024 . Can my son go to india and get h4 stamping done while father is in USA his visa got expired 7 March 2022 but has approved petition till 2024.

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Submitted by Anonymous (not verified) on Tue, 05/17/2022 - 18:16 Permalink

Hello Sir, i have a question.. i got my h1b stampped and we took an apllication of h4 visa combinedly for both my spouse and child(9yrs). The Ds-160 is filed for both of them and we got an appointment for visa interview on a single slot for both spose and child. My spouse is not able to travel for getting stamped as he met with an accident and needs his recovery for atleast 9months. Can i use that slot just for my kid to get my kid's stamping done without my spouse?

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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 Himanth Kumar Pujari (not verified) on Fri, 05/20/2022 - 10:24 Permalink

Hi Sir, I have the H1B Extension approved and its valid till 03/2025. However, the H4 extension is still pending for my wife and son.

I heard, even though the H4 extension is pending and H1 Extension is approved, dependents can get the stamping by referring to H1 Extension approval. Could you please clarify and if this is fine; let me know the process.

Note: For personal reasons; my Wife and Son need to travel to India in June and they are planning to come back in October (Current stamping is valid 22nd Oct 2022)

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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 shankar j e (not verified) on Sun, 05/22/2022 - 00:05 Permalink

Hello Sir, I was in usa on j1 till recently and am in india going for h4 visa interview for the first time in June based on my spouse h1 (she has valid i797 and expired visa). She is now traveling to india next week due to family related issues and has to book visa dropbox slot and got one in October. Can I attend the interview in June while she is in india and waiting for her visa dropbox slot which is in October? Thank you very much.

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.

I am not aware of any law that prohibits attending H-4 visa stamping before H-1 visa stamping. Your spouse has an H-1B approval. But the consulate can ask you to wait till the H-1B visa approval.  Email the consulate to check how they would want you to approach this.

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Submitted by SARAH GEORGE (not verified) on Wed, 05/25/2022 - 19:45 Permalink

I transferred my H-1 to new company but my child still holds the old H4 which has validity till 2023 2023 March. Will he be able to use that H4 to get stamped while going to India now.

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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 Natesh (not verified) on Thu, 05/26/2022 - 21:05 Permalink

Hi, am in India having valid H1B visa till Oct'23 and planning to travel US on Jul'22 through my current organization. (My hubby is working at USA under H1B visa valid till Sep'24)

I have 2 kids (7 Yrs & 1 Yr respectively) & trying to book H4 visa interview slots under my H1B. Am aware that under 14 years are applicable for interview waiver drop box option

My questions are below: 1) Can I book single dropbox appointment slot for both my kids (or) need to book 2 individual dropbox appointment slots? 2) Is my hubby passport hardcopy required while going for kids dropbox appointment?

Thanks.

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Submitted by Rajiv S. Khanna on Fri, 06/17/2022 - 07:49 Permalink In reply to by Natesh (not verified)

You will need to contact the consulate. I do not know the answer offhand.

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Submitted by Gauri (not verified) on Sun, 05/29/2022 - 05:53 Permalink

Hi I'm Gauri. I have some questions regarding H4 visa for my 3 months old baby. My husband has a vaild H1-b visa stamped.. he is in USA right now. 3 months Ago i have delivered a baby in India. Me and my infant is in india. I have expired H4 visa which needs to be stamped using Dropbox. So my question is that my daughter is eligible for Dropbox with me or I need to book a separate H4 visa interview for her?

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Submitted by Ruby (not verified) on Sun, 05/29/2022 - 20:21 Permalink

Hi just want to ask if I can apply my 15 yrs old child an H4 visa while I'm already here in the US. I am a single mom. If so, can he have a visa interview alone,without me having to come home to accompany him?

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Contact them:

  • E-mail: support-india@ustraveldocs.com
    This is the fastest and best way to reach us. We read every email and strive to reply within 3 working days. Occasionally, complicated requests can take longer.
  • Telephone: (91-120) 4844644, (91-22) 62011000 and 1-703-520-2239 (for all calls from the United States)

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 Geetha (not verified) on Tue, 05/31/2022 - 20:43 Permalink

Hi Sir, My husband is H1B holder and my daughter & I have H4 visa and are in India currently, we need stamping to return to US as our current Visa stamping is expired. Unfortunately we are unable to get any appointment slots for this year 2022. My daughter is a middle schooler going to 7th grade she has been studying 6 years in US. Her school will commence on September 2022. As my daughters School is starting soon can we apply for Emergency US Visa Appointment under Students criteria Request for your kind response as it will be very much helpful for us. Thanks, Geetha

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 Rathikamai Kri… (not verified) on Thu, 06/02/2022 - 12:34 Permalink

Hello Sir, My 2 kids are above 14yrs. Their visa were stamped before the age 14. Now we need to go to India. Me and my family all have a dropbox appointment this August. Will my kids, who are above 14 yrs, be allowed for Dropbox or do we need to create a profile separately for them? If we cancel our dropbox appointment, we won't get an in-person appointment because there is no appointment available now. Or can we convert our dropbox appointment to in person appointment now? Please clarify what I should do in this scenario.

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.

For logistics questions about US visas in India, contact:

  • E-mail: support-india@ustraveldocs.com
    This is the fastest and best way to reach us. We read every email and strive to reply within 3 working days. Occasionally, complicated requests can take longer.
  • Telephone: (91-120) 4844644, (91-22) 62011000 and 1-703-520-2239 (for all calls from the United States)

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 Ashish bansal (not verified) on Fri, 06/03/2022 - 07:43 Permalink

Hello,

I have my current h1 valid till Sep 2022 and my extension has been approved. If my spouse went for h4 stamping in Sep after my current h1 gets expired, Do I need to get my visa stamped first for the extension or only extension I797 will be suffice to get h4 stamping.

Thanks, Ashish

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 Vijay (not verified) on Mon, 06/06/2022 - 11:11 Permalink

Hi Sir,

I myself have my H1B stamped but I've not traveled yet. My spouse and my minor child (3 yrs old) are having their (H4) interviews scheduled next month. I've couple of questions. 1) Should my child appear for the interview in person? 2) Should I give any authorization or consent letter to my wife for the child? 3) Please clarify on the documents required to be carried by my wife for herself and my child. Thanks in advance.

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.

For logistics questions about US visas in India, contact:

  • E-mail: support-india@ustraveldocs.com
    This is the fastest and best way to reach us. We read every email and strive to reply within 3 working days. Occasionally, complicated requests can take longer.
  • Telephone: (91-120) 4844644, (91-22) 62011000 and 1-703-520-2239 (for all calls from the United States)

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 Saranya (not verified) on Mon, 06/06/2022 - 13:10 Permalink

Hi Sir, My friend’s husband is staying in USA with approved h1b but expired visa stamping. Because of family emergency, my friend and her 5 year old son needs to go for visa stamping. Few colleagues said that kid cannot go for stamping with mother when the H1B holder doesn’t have valid stamping. Please suggest, her father passed away suddenly. Many thanks for your suggestions.

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 Ashu mishra (not verified) on Wed, 06/08/2022 - 16:01 Permalink

Hi Sir, I have got H1B approval recently, and planning to go for stamping. Need clarifications w.r.t. dependants H4 visa stamping 1. From above comments, my understanding is H4 stamping can be done anytime, need not be together with H1B. 2. My wife has twice B1/B2 rejections before, Will this impact H4 stamping? Should we go together or one after another.

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