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

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 Pankit Khant (not verified) on Thu, 08/25/2022 - 19:42 Permalink

Hello, I have my I-140 approved and I have applied for H4 and H4 EAS for my wife. It is still under process. Now if I change my employer & transfer my H1B, before my wife’s H4 approval, will it affect my wife H4/EAD process?

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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 Vibha (not verified) on Mon, 08/29/2022 - 02:27 Permalink

I am a working IT professional woman in India, divorcee & has 2.5 year old kid. My second marriage is on Nov 2022. My fiancé is working in USA since 10 years with H1B status who is also divorcee without kids. After our second marriage, how should I apply for US spouse visa in 2022? What is the duration to get visa for me? Should I apply dependent child visa for my kid also? (The plan is to get my visa as soon as possible & join my husband in USA. My kid will be in India with my parents for sometime & my parents will bring her along to USA later on). But, not sure about applying visas for my kid & my parents in future. Or should I apply visa for my kid now itself?

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 Pradeep Kumar (not verified) on Mon, 09/05/2022 - 21:54 Permalink

Hi Rajiv Sir, I got my H1B approved on January 2022 and my dependent's H4 visa got approved in March 2022 .On April 2022, I had travelled to USA on H1B visa without my dependents and my dependents are still in India with a valid H4 VISA(no travel history to USA previously).

Now , I got a new Job with another employer and my H1B visa got transferred to new employer. And now I am planning to arrange travel for my dependents to USA from India .

I have the following questions :

1. Is the H4 visa of my dependents still valid to enter USA without changing the petitioner name to my new employer ? Does H4 visa holders also require transfer of their visa's to new petitioner like H1B ?

2. After my H1B transfer to new employer , does my previous employer cancel my H1B visa tied to their name ? If yes then does it result in cancellation of H4 visa of the dependents? (as they got their H4 visa using my previous h1b visa as reference .

Please help!

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 JP (not verified) on Thu, 09/08/2022 - 06:06 Permalink

Hi, My husband is in USA working under H1B (his visa got expired last year) and I am a Canadian citizen living in Canada. We are Married for 18 years and we have 1son born in USA. We both applied for visa together (h1b for my husband and H4 for me) in Canada. We got visa interview date too but my husband’s company recently filed green card process for him. So, I believe he cannot travel to Canada if green card is under process. Can I go for visa interview by myself even if he is the main applicant and cannot attend visa interview?

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.

Canadian citizens do not need a visa. Presentation of the H-1B approval and proof of relationship at the port of entry with proof of maintenance of H-1B status should be sufficient to gain H-4 status.

See this entry also: https://www.immigration.com/faq/h-4-canadian-citizen

I am unable to understand the rest of the situation. 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…

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 Omprakash Pal (not verified) on Tue, 09/13/2022 - 13:01 Permalink

Dear Rajiv Sir,

I filed form i539 for COS from H1B to H4 and form i765 for H4 EAD on 05/18. I requested the starting date 02/01/2023 assuming it will take approx 8 months to approve so I have enough time to receive H4/H4 EAD and I can continue my current job on EAD and there is no employment gap. My both cases were approved recently and received the approval notices and EAD card as well but I received 2 approvals notices for H4(not sure why) , one with notice date 08/23/2022 and another one with notice date 08/24/2022. Notice date 08/23/2022 has starting date mentioned as 08/23/2022, although I requested 02/01/2023 and Notice date 08/24/2022 has starting date mentioned as 02/01/2023( matching with what I requested in application). EAD card and approval notice has correct dates which I requested i.e. 02/01/2023 and no issue with that. I believe they have sent 2 notices for H4 approval because they corrected the start date as per requested date in application and I should consider the latest notice(with notice date 08/24) for COS effective starting date. I believe I can continue my current job on H1B till 01/31/2023 and then same job on H4 EAD starting from 02/01/2023. Could you please confirm if my understanding is correct?

I check my work authorization on e-verify and it says authorized so I assume I am still on H1B but not sure where to confirm?

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 Geetanjali (not verified) on Tue, 09/13/2022 - 13:34 Permalink

Hi, Please can you confirm if I can start a new job with my EAD Renewal process underway?

My husbands H1 is in renewal process. Once that is renewed then I would begin my EAD renewal.

Is there any rule that lets EAD applicants to continue working for 540 days if they have initiated the renewal process? Do I have to wait for any receipt from USCIS? How long does it to get the receipt?

Thanks and always appreciate your help, Geetanjali

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 Rakhi Sakyu (not verified) on Thu, 09/15/2022 - 15:50 Permalink

Hello, I am on h4 visa with approved ead. My husband has a valid h1b and an approved I-140. The situation is my husband doesn't give my H4 documents like ead and approval notice which are required by my employer and university for establishing my valid presence in US. Is there any way I can ask any authoritative body here in US to help me in getting me access to my own documents? I know my husband will be the primary applicant on h4 visa given I am dependent on his h1b visa. But does that give my husband a legal right to withhold my own documents without my permission or approval? I have a 2year old kid and because of his inability to support us I have to study and get a job and his actions are preventing me from doing so.

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 think you can try two things.

First, ask the USCIS for a copy of all your immigration papers. Go here: https://www.uscis.gov/records/request-records-through-the-freedom-of-in…

Second, speak with local lawyers where your husband resides. It may be possible to get the police involved to recover your immigration documents. Those should be considered your personal property.

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 Anindita Roy (not verified) on Thu, 09/15/2022 - 20:21 Permalink

Hello,

I have been staying in the US on F2 visa with my spouse who had an F1 visa earlier. Recently he graduated and his employer filed for H1B and we didn't know that H4 application could be submitted together. The H1B was approved on September 2 and I submitted my i-539 petition for change of status on September 3.

Now I am worried about my current status. I understand that submitting the i-539 before September 2 (when both my spouse's F1 and my F2 were valid) could be ideal, but everything happened so fast that I had no other choice except filing ASAP after getting the approval notice. Based on this situation, what would be the likely outcome of my i-539 petition? Is it likely to be accepted or denied? If denied, then shall I be incurring unlawful presence while the i-539 is pending?

I would greatly appreciate your thoughts about my situation. Thank you for your help and time!

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 Swetha (not verified) on Sun, 09/18/2022 - 04:46 Permalink

Hello Sir,

I have a complicated situation because of my H1B (I-140 approved) spouse abandoned me during COVID in India for the past 1 year (faced domestic violence from the beginning of marriage ). I am uncertain of his location , visa status but currently he is in USA, , or his employment because he cut off all contacts and now demanding for divorce and dint renew my h4 extension as well. However he didn't file any divorce yet.

I was on an H4 visa for the past 4.5 years (from March 2018 -Jun 2022) and my visa expired in June 2022 and I was in USA roughly for 2.5 years in USA (2018 -2020). I do have H4EAD & SSN which was issued in 2020, which was never used as I travelled back to India in the same year and never returned to the USA after it.

I'm applying for a master's so that I can fly on F1 since I want to concentrate on my career rather than depending on H1 spouse.

I want to know what my 1. chances of getting a f1 visa approval 2. possible questions based on my complicated situation 3. Do I need to disclose this situation to the visa officer as we are not separated officially.

I would greatly appreciate any suggestion.

Thanks in advance, Looking forward to hearing from You.

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 Rose (not verified) on Tue, 09/20/2022 - 10:41 Permalink

Hi how are you guys? I'm currently in the US working with a visa J1 as a teacher. I received an offer for other school district to work with an H1B visa therefore my husband will get the H4 (now he is with the J2 and he is working with an EAD). So my question is, when he change his status to H4, he would be in condition to work legally in the US? If no, what we have to do in order to give an valid EAD Thanks

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 amol pawar (not verified) on Thu, 09/22/2022 - 13:11 Permalink

Dear Sir, I m on H1B visa and my wife and kid are on H4 visa. we are live in USA now. If my H1b visa got extension for another three year. How to apply for my dependents to renew their H4 visa? Do I need attorney for that or can I file myself for them?

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 Sree (not verified) on Sun, 09/25/2022 - 05:25 Permalink

Hi sir

I am on H4 visa, and travelled to india due to family emergency , while my husband's and mine i 485 was in pending status. I got my i 131 denied saying that I was out of country.Now my husband received green card last week, My i 485 status is still pending. Can I travel back to usa on H4 visa? If so is my stay in USA is legal until I get GC. Pls advise.

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 Karthikbabu (not verified) on Mon, 09/26/2022 - 16:26 Permalink

I'm on H1B visa and my wife on H4 visa with stamp and I-94 valid till September of 2023. I changed companies on December of 2021 which gave a new I797 for myself with a validity of December, 2024. My company did not apply for a H4 extension when they did my transfer. 1. In this case, Should I apply for my wife's H4 extension to match the validity on my I797 or can I use my I797 to extend the validity on my wife's H4? 2. Also, can we both get our I-94 extended based on my extended I797? Note: Wife does not have EAD and I do not have I140.

Thank you 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.

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 Babloo (not verified) on Sat, 10/08/2022 - 00:49 Permalink

Hi Sir, I and my spouse are selected in the lottery FY2023, my H1B petition is approved and my spouse received RFE. Here my question is regarding the child: Whether I can declare my child as dependent on me or my spouse once her petition is approved ?

Incase if I apply dependent VISA for my child, in that case will I be facing any question regarding the spouse unavailability during the time of VISA interview?

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.

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 Shelly Duggal (not verified) on Sun, 10/09/2022 - 23:33 Permalink

Hello sir My husband is on H1 visa and I am on H4 visa.He got his latest i797.can my visa be stamped in India with his I 797? Or do I need to wait for mine ?

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 Rajiv S. Khanna on Thu, 10/13/2022 - 16:34 Permalink In reply to by Shelly Duggal (not verified)

You do not need a separate I-797 for H-4 visa stamping.

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 Ilyas subhani (not verified) on Sun, 10/30/2022 - 00:49 Permalink

Hello Sir,

My daughter received her H4 visa recently even though she is 21. When we applied for the visa she was 20. Is it safe for her to travel when she is 21 and has a H4 Thanks

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 Utpal (not verified) on Sun, 11/06/2022 - 19:55 Permalink

Can the primary applicant (H1B visa holder) represent the entire family of spouse and two children in the drop box center? Should all the family members be physically present in the drop box center?

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.

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 Nitesh Bisht (not verified) on Tue, 11/22/2022 - 21:52 Permalink

I have a situation where I have transferred my h1 to new employer and I have Visa stamp from my previous employer. I scheduled my spouse first time H4 visa in person interview for March 30. I will return back to USA with my previous H1 stamp on March 14. as I am not able to get restamping dates for myself. I am having doubt can my spouse get h4 visa stamp with the new approve I797 from current employer and other documents from my current employer. or Do I need to get my h1 visa stamped with the current employer first before applying for her H4 visa.

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.

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