How long does it take to get H-4 visa in USA?
The average processing period for a visa is 15 to 30 working days.
Can I apply H-4 visa by myself?
Q: Do I need to apply for H4 visa EAD through an attorney, or can I do this on my own? A: Just like any other immigration petition, you don't have to go through an attorney, and you can do it yourself.
Can I stay in US while waiting for H-4?
H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of i94 expiry.
Who qualifies for H-4?
Who is eligible for an H4 visa? The USCIS will allow immediate family members of H-visa holders, including the H1B visa, to obtain a H4 visa to lawfully come and stay in the US with their spouse or parent. Immediate family members include the spouse or any children under the age of 21 of the H-visa holder.
How much is H-4 visa fee?
$190The Visa fee payable for the H4 visa is $190, which is approximately 11, 000 INR. This amount should be paid before scheduling the interview for the visa. The payment can be made through debit cards electronically via NEFT or IMPS transactions or cash payments in Citi Bank or Axis bank counters.
Does H-4 visa require sponsorship?
H4 visa holders would still be allowed to apply for an EAD and be able to work in the United States under their visa status. Still, the judgment has then been passed back to a lower court. If you have an EAD, you will not need any petition or sponsorship, or an LCA (Labor Condition Application).
How can I convert H-1B to H4 visa in USA?
You need to file the following documents to change from H1B to H4 visa:Form I-539 – Application to change nonimmigrant status.Copies of passports – Both you and your spouse's passports.Approval notice – The approval notice of your current H1B visa.Form I-94 – Your latest Form I-94 Arrival/Departure Record.More items...•
Can I travel when H4 is pending?
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.
How many days I can stay in US after H-1B expires?
60-Day Maximum Grace Period The new rule provides that you're still in lawful status, in other words permitted to remain in the U.S., for up to 60 days between jobs.
What documents are required for H-4 visa?
H4 Visa Process: H4 Visa DocumentsUS visa interview appointment letter (emailed to you when applying for the interview)A valid passport.Copy of the primary visa holder's passport.Photograph of the primary visa holder and applicant together.Passport-sized photograph of the applicant.More items...•
Which is better H-1B or H-4 EAD?
The bottom line is that when uninterrupted employment is critical for a position and career growth, H-1B employment may actually be a better (or at least, safer) option compared to H-4 EAD employment.
Who is Eligible for an H4 Visa?
The H4 visa is issued to the immediate family of the H visa holder. The term immediate family includes spouses and children. Children should be bel...
What is H4 Visa?
The H4 visa employment was an important announcement made by President Obama. The Department of Homeland security (DHS) intends to increase the eco...
How long is h4 visa valid?
The H4 visa is valid for three years. The eligibility lasts until the principal H1 holder has an approved I-129. In an unfortunate situation where...
H4 Visa Process
For foreigners living in USA who want to bring their spouse to the USA, here is a step-by-step process for obtaining a H4 visa.
EAD For H4 Visa
Qualified H-4 dependent are now eligible for employment in the US; here is a step-by-step guide for EAD for H4 Visa holders.
Who is eligible for H4 visa?
The H4 visa is issued to the spouse and children below 21 years of the H1 visa holders.
What is H4 Visa?
The H4 visa employment was an important announcement made by President Obama. The Department of Homeland security (DHS) intends to increase the economic stability of the nation by allowing the dependents and H4 spouse of the H1 visa holders to work and the H1 visa holders can extend their stay. The Donald Trump administration also encouraged the skilled foreign workers to work in the USA along with their H1 visa holders.
What documents do I need for a h4 visa?
The H4 visa applicant has to submit the following documents to the visa officer:
How long is h4 visa valid?
The H4 visa is valid for three years. The eligibility lasts until the principal H1 holder has an approved I-129. In an unfortunate situation where the H1B holder is out of a job, then a grace period of 60 days will be given.
How much is h4 visa fee?
The Visa fee payable for the H4 visa is $190, which is approximately 11, 000 INR. This amount should be paid before scheduling the interview for the visa. The payment can be made through debit cards electronically via NEFT or IMPS transactions or cash payments in Citi Bank or Axis bank counters. The visa fee can also be paid at DRUK bank. The Visa fee paid is non-refundable.
How long does it take to get an extension for an H4 visa?
As per the USCIS, the H4 visa holder can file for extension within 180 days of the EAD expiration.
How long does it take to change from H1B to H4?
In such a case, can change your visa status from H1B to H4 visa status. You should start applying as soon as possible as the visa status change can take 2-3 months.
How to apply for H4 visa?
Immediate family members include the spouse or any children under the age of 21 of the H-visa holder. Accordingly, to be eligible to apply for the H4 visa, you have to meet either one of the following conditions: 1 Be the spouse of a H-visa holder. This includes the H1B, H1B1, H2A, H2B or H3 visas. 2 Be the child, under the age of 21 years old, of an approved H-visa holder. The children of a H-visa holder who are over 21 will not be eligible to apply for the H4 visa.
Who is eligible for H4 visa?
Who is eligible for an H4 visa? The USCIS will allow immediate family members of H-visa holders, including the H1B visa, to obtain a H4 visa to lawfully come and stay in the US with their spouse or parent. Immediate family members include the spouse or any children under the age of 21 of the H-visa holder. Accordingly, to be eligible to apply ...
What is an H4 visa?
What is the H4 visa? The H4 visa is a nonimmigrant visa issued by the US Citizenship and Immigration Services (USCIS) to the spouse and children of H1B visa holders who want to accompany the H-visa holder to the United States.
What is an H1B visa holder?
The H1B visa holder is an individual who has been granted permission to travel to the US to work in a speciality occupation, ie; a professional working in a job role that requires theoretical/technical expertise or academic qualification, at degree level or equivalent, and for whom they have a US sponsor.
How long is an H4 visa valid?
As such, if your spouse or parent has a visa that is valid for 3 years , your H4 visa will also be valid for 3 years. However, you may be eligible to stay for longer, using Form I-539, in the event that the primary H-visa holder applies for an extension to remain in the United States.
What form do I need to apply for an H4 visa?
When you apply for an H4 visa, you will have to submit your spouse’s or parent’s I-797 form. This is a Notice of Action, issued as a result of an application or a petition submitted to the USCIS for a H1B or other H-visa.
What documents are needed to get an H4 visa?
In addition to form DS-160, you will be required to provide other documents when applying for an H4 visa, including a marriage or birth certificate, a copy of your spouse’s/parent’s H-type visa, together with their I-129 form, I-797 form and the Labor Certification Application.
What is the H-4 Visa?
The H-4 visa is for the spouses and dependents of H visa holders who would like to accompany the principle H visa holder into the U.S. The current H visas include:
What is evidence of H-4 status?
Evidence of your H-4 status such as a copy of your I-797 approval notice or a copy of your I-94 arrival/departure card.
How long does it take to get an I-485?
Lastly, you will have to file an I-485 application to adjust your status. This will take about six months to process depending on how busy your USCIS service center is. After your status is adjusted (from H-4 to green card), you will officially be a lawful permanent resident.
Can I submit an I-797 to my spouse?
Evidence that your spouse has an approved I-140. You can submit the I-797 approval notice for the green card.
Can I get my spouse's I-140 revoked?
Also, if your spouse has multiple I-140s approved with the USCIS, having one revoked will not invalidate your EAD. The regulations only state that your spouse needs to have an approved I-140. Alternatively, you may also be able to qualify if your spouse was admitted for H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). Speak with your immigration attorney to see if you fall under this exception.
Can I file an I-765 for an alien worker?
If you are qualified, you can file an I-765 Immigrant Petition for Alien Worker. You will need to submit the following documents as well in order to avoid unnecessary delays and requests for evidence (RFEs):
Can my spouse sponsor me for a green card?
If your spouse becomes a citizen, he or she can sponsor you for a marriage-based green card, which is the green card with the shortest processing time.
When did the H4 visa change?
On February 24, 2015, it was announced by USCIS that this rule would change beginning May 26, 2015. The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders.
How to apply for H4 EAD?
To apply for an H4 EAD, you need to first own an H4 visa. That means that you need to be the spouse of someone who owns an H1B visa or the child of the holder. If you are the child, then you must be under the age of 21, and not be married.
Why is H4 EAD important?
The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. They also wanted to lower the number of interruptions to U.S. businesses, as they were causing foreigners to not want to stay in the States anymore. Therefore, the H4 EAD was made with the thought of giving some peace of mind to H1B visa holders, as well as their families. This is helpful while these families are trying to transition to lawful permanent resident status. Not to mention that the rule can decrease the economic burdens that these families used to deal with.
What is an H1B visa?
H1B visas are meant for people who have a degree and want to work in the United States. The visa allows them to get a job in the same field as their degree. Meanwhile, the H4 visa is something that allows you to bring your family to the States.
When will H4 EAD be removed?
The removal of H4 visa EAD has officially been included in the Spring 2018 Regulatory Agenda (set to be in June 2018) titled “Removing H4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”. What this agenda item basically said was that the DHS intends to amend the rule regarding H4 EAD’s and that they will possibly remove this EAD in line with the EO.
How much is the DHS application fee?
An application fee of $410 must be paid to the DHS before your application can be processed. Some people are exempted from paying this fee, however.
When did the H4 EAD rule come into effect?
But in 2015, the H4 EAD rule was implemented. After the rule passed, those who were eligible for it could start applying for an Employment Authorization Document. Not long ago, in 2019, USCIS came with the suggestion of getting rid of the program. However, it’s still not certain whether their request will be accepted or not – it’s all still up for debate.
What is an H4 visa?
The US H4 visa, also known as the Dependent Visa, is a visa category applicable to the spouse and children of US H-1B visa holders who want to accompany the H1B visa holder during their stay in America.
How old do you have to be to get an H4 visa?
Children of an approved H type visa holder should be under the age of 21 years to be eligible for the H4 visa.
How much does an H4 visa cost?
At present, the fee for an H4 visa is $190, which is similar to other H type visas. After you have paid the fee, don’t forget to save the receipt. You’ll need to present this receipt at various stages of the visa application process.
How to schedule an interview for H4 visa?
Just as in any other visa application, you need to schedule an interview appointment with the US embassy for the H4 visa too. This needs to be done immediately after filing the DS-160 form. Save the letter of confirmation you get on scheduling the interview for later use. The earlier you get the interview scheduled, the higher are the chances that the visa application process will be completed quickly.
Can a spouse work in the US on an H4 visa?
The Obama Administration, in 2015, had allowed such spouses to work in the US. For this, dependent visa holders, entering the US on an H4 visa, were issued employment authorization documents (EADs). According to a recent report by the Migration Policy Institute, EADs was issued to more than 71,000 spouses of H-1B visa holders as of early 2017.
How Does a Person Apply for an H-4 Visa?
The applicants of both the H-1B and H-4 visas usually apply together. Otherwise, the paperwork won't get finished at the same time, leaving one person unable to join the other in the United States.
What Can a Person Do With an H-4 Visa?
The holder will enjoy several privileges available to American citizens. They can:
What Is an H-4 Visa?
H-4 visa holders are immediate family members of H-1B visa holders. Most H-4 visa holders are spouses who want to join their partner in a new country. They enjoy many of the benefits of living in the United States, but some limitations exist. That's why an H-1B visa is better.
Who Qualifies for an H-4 Visa?
The only people who qualify are dependents. In the United States, those people are spouses and unmarried children under the age of 21.
What Steps Are Required When the H-4 Visa Arrives?
To avoid issues with government officials, the new visa holder should verify all major information, such as:
Why Is H-4 Visa Reform so Popular?
Their belief was that the current system needed improvement. With roughly 100,000 unhappy holders, the United States had an influx of immigrants who didn't enjoy their new country. Also, these people not working were also not paying taxes, costing the government millions of dollars.
What Can an H-4 Visa Holder Do to Solve the Problem?
Someone interested in going back to school can switch to the F-1 student visa. It not only allows for educational opportunities, but also liberates the holder to work on campus . Another option is to apply for an H-1B, just as the spouse has.
Do I have to pay for I-765?
You do not have to pay the Form I-765 filing fee. Follow the Form I-485 filing instructions to avoid processing delays. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c) (26), USCIS will reject your Form I-485 and any corresponding fees.
Can H-4 dependent spouse file I-765?
Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:
