Yes it is perfectly okay for the H-4 dependent to remain in the US while the principal H-1B visa holder is in India applying for a visa stamp at the consulate there. Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known.
Can a H4 visa holder work in USA?
A H4 visa holder can however work if the original sponsor has filed for green card and has an EAD achieved. In this article, we’ll talk about what documents are required for a H4 visa holder at the port of entry (airport landing in USA).
Can I apply for H1B and H4 at the same time?
Dependent family members include the children and spouse of the H1B visa holder. You can simultaneously submit the application for the H1B visa for yourself and H4 visa for your family members. An H4 visa does not give its holder the same freedom as the H1B visa does.
Is there a travel ban for H1B visa holders in India?
US gov has recently released a statement proclaiming a newly enforced travel ban. I am an Indian citizen with H1B visa living in USA. My wife, an Indian citizen and a H4 visa holder is in India right now. She has tickets booked from India to USA from Qatar Airways on May 12th, 2021.
What are the documents required for H4 visa?
Generally, a H4 visa holder is advised to carry the following documents. H4 visa itself. Valid I797 of the primary visa holder. Marriage certificate. Passport.
Can H4 visa travel to US now?
According to the H4 EAD ruling, dependents of H1B visa holders having a valid H4 visa may work in the US by applying for Employment Authorization.
Can I travel on H4 from India to US while my H1B is in process?
Yes you can enter in H-4 status while an employer has an H-1B cap-case pending for you. However, if the application was filed as consular processing rather than change of status, you'll need to travel outside the country obtain your H-1B stamp and...
Can dependent travel to USA from India?
Yes. You may travel to the United States without any further visa processing.
Can H4 visa holder travel to USA alone?
No, your H4 is tied to your H1B spouse. The only condition which allows you to stay in US is when you both are in US and your spouse has to travel to India or any other country.
Is H4 stamping open in India?
Due to COVID-19, US Consulates in India are not open for regular operations yet. Many of the H4 Holders are getting Emergency US Visa Appointments based on H1B & H4 Visa Exemptions from Trump travel ban.
How long does H4 approval take?
between 2-9 monthsWhile this is subject to change based on the service center, you can expect H-4 EAD processing time to be between 2-9 months depending on the service center that's processing the application.
How long does it take to bring spouse to USA 2022?
Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.
What can H-4 visa holder do in USA?
As an H-4 visa holder, you can remain in the U.S. as long as your husband or wife has a valid visa. You can attend school, obtain a driver's license and open a local bank account, but your ability to work will be determined by whether or not you obtain an Employment Authorization Document (EAD).
How can I bring my wife from India to USA?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé(e).
Can an H4 travel?
Yes, you can travel out of US with your H4 EAD in pending status, provided you meet all the H4 visa requirements to re-enter US. But, traveling outside of US may delay your H4 EAD processing…
Can H4 visa holder work in US 2022?
As long as the H1B visa holder's permit is valid, the H4 visa holder can continue their stay with their spouse. They can open a bank account, get a valid driving license, study in the US, and even work in the US if they get employment authorization document (EAD).
Can dependents travel to USA now?
US Dependent Visa Details The US allows various visa holders the ability to bring their family to the US. Students, professionals, entrepreneurs and others all have the ability to call their dependents to the US under a variety of visa programs.
Can H4 travel while H1B Transfer applied?
H1B transfer will not affect the H4 travel and your wife would need a valid H4 visa in her passport to re-enter USA. My suggestion is not join the new employer until the transfer is approved.
Can H4 enter US before h1?
There will always be a potential risk if you only get the oral approval for your H1B. If both of you get the stamping before travel, it should be fine for H4 to arrive the U.S. before the H1B holder arrives.
Can I travel to India if my H4 extension is in process?
Yes, you can travel out of US with your H4 EAD in pending status, provided you meet all the H4 visa requirements to re-enter US.
Can H4 travel with previous employer?
No, you cannot travel to the US on your old employer's stamp in this case, because you do NOT have valid employment from anyone in the US with supporting approval notice from USCIS.
When will Indians fly to the USA?
Indians awaiting their flights to USA before or on April 15, 2020 should check with the airline and the embassy for any latest travel advisory or alert in order to avoid facing deplaned or denial of boarding,” said the chief customer relations officer of Indian Eagle, a most trusted air-ticketing partner of Indians in USA.
When did India ban flights?
India has banned all incoming international flights for a week starting March 22, and restricted the arrival of foreign citizens till April 15, but the United States has not yet issued any such restrictions for travel from India.
Where did the actress go after three weeks in India?
After three weeks of stay in India, she was supposed to travel on Emirates Airlines from Bengaluru to Salk Lake City via Dubai and Seattle. She cleared the immigration and got a boarding pass at Bengaluru Kempegowda Airport.
Do Amit and Nishi travel to India?
Being an Internet-savvy couple, Amit and Nishi take basic travel precautions whenever they book flights to India from USA or vice versa. In view of Indian government’s travel advisory, Amit called the US embassy in India just the day before Nishi was scheduled to travel from Bangalore.
Who is eligible for H4 visa?
The H4 visa is given to dependent family members of an H1B visa holder, accompanying him or her to the US. Dependent family members include the children and spouse of the H1B visa holder. You can simultaneously submit the application for the H1B visa for yourself and H4 visa for your family members.
What happens after approval of H4 visa?
After approval of your application, your H4 visa will get converted into an H4 EAD visa. The H4 EAD visa status allows you to get some additional privileges and benefits, such as:
How long does it take to get rid of H4 EAD?
The processing time can range between a couple of days to 90 days. This means that the US administration intends to officially remove the H4 EAD rule very soon.
What are the types of institutions that can be enrolled in H4?
There are three main types of institutions that you can join with an H4 visa. These are universities, local institutes and community colleges. To get a college degree, such as MS, MBA, BS, BA etc., you can get enrolled in any university. Most universities allow admission of international students with any type of visa except for the F-1 visa.
Can H4 holders apply for EAD?
However, before the review process is completed, eligible H4 holders can still apply for the EAD.
Do you have to be cleared to get into a training institute?
To get into a local training institute, no particular exam needs to be cleared. You can upgrade your skills through these institutes, but their diploma or certificates may not help you land a job.
What is an H4 visa?
An H4 visa is a dependent visa, where a spouse (husband or wife) can get to stay in the US, for the same time as the sponsor ( H1 visa holder ). Many wives (and husbands) of H1 visa holders travel to the US, to stay with their spouses on this visa.
What do immigration officers ask you at the port of entry?
Generally, immigration officers at Port of Entry, will ask you questions to verify your intention of travel. And might even (in some circumstances) ask for some documents that’ll verify your relationship with the visa sponsor. So, it’s a good idea to carry all such documents with you, just in case. Also, it is a good idea to memorize ...
Robert Louis Brown
As long as the H-1B principal has valid status and the H-4 beneficiary have valid status it is okay to remain in the US while H-1B travels outside the US. Should the principal H-1B not be granted visa at consulate H-4 is no longer valid. You should work with your employers immigration attorney...
Giacomo Jacques Behar
Yes it is perfectly okay for the H-4 dependent to remain in the US while the principal H-1B visa holder is in India applying for a visa stamp at the consulate there.
Martin Musinguzi
Yes, it is okey! Especially since H4 has his/her own H1B application pending. Traveling with a pending app is never advisable. So H1B may travel leaving H4 behind.
Get A Driver’S License
Get Admission in Educational Institutions
- There are three main types of institutions that you can join with an H4 visa. These are universities, local institutes and community colleges. To get a college degree, such as MS, MBA, BS, BA etc., you can get enrolled in any university. Most universities allow admission of international students with any type of visa except for the F-1 visa. In order to get admission for MBA and MS, you will …
Work in The United States
- If you hold just an H4 visa, you are not authorized to work in the US. However, since 2015, there has been a regulation change that allows specific H4 visa holders to work. For this, you will need to apply and get approval for an Employment Authorization Document (EAD). After approval of your application, your H4 visa will get converted into an H4 ...
Current Updates Regarding The h4 EAD
- The Department of Homeland Security (DHS), under President Trump’s administration, has moved ahead to completely scrap the H4 EAD rule. On February 20, 2019, the DHS submitted its rule for H4 EAD removal to the Office of Management and Budget(OMB) for review. The processing time can range between a couple of days to 90 days. This means that the US administration intends t…