Accordingly, to be eligible to apply for the H4 visa, you have to meet either one of the following conditions:
- Be the spouse of a H-visa holder. This includes the H1B, H1B1, H2A, H2B or H3 visas.
- 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.
Can a family member of an H1B visa holder apply for H4?
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.
Can a H4 visa holder have a child that turns 21?
This causes much concern for those who have children that are about to turn 21. H4 visas are attached to spouses and children that are dependents or are immediate family of H1 B visa holders. The H4 Visa has no limitations for spouses as long as the H1B is valid.
What am I allowed to do in the US with H4 visa?
What am I Allowed to Do in the US With an H4 Visa? The H4 visa is issued to the dependent family members of an H1B visa holder (spouse and children under 21 years) who want to join the H1B visa holder in the United States. How Can I Get the H4 Visa?
Can I apply for a dependent visa (H4) at the same time?
Q: I am applying for an H1B visa, and I would like my spouse to travel with me; can he/she apply for a dependent visa (H4) at the same time that I do, or must they wait until my visa has been issued? A: It is recommended that the spouse and dependent children go for their visa interview at the same time as the principal applicant.
Who is eligible for H4 visa?
The H4 visa is issued to the spouse and children (below 21) who are dependents of the H1 B holders by the USCIS. It is issued to the dependent family members who wish to travel along with the H1B holders. As long as the H1B visa holder's permit is valid, the H4 visa holder can continue their stay with their spouse.
Can parents come to US on dependent visa?
If your parent(s) or other family members, including children over the age of 21, wish to enter the U.S. temporarily to visit, they may enter on a B-2 tourist visa. As an F-1 or J-1 student, you should write an invitation letter to your relative or family member to submit with their B-2 visa application.
Can H1B visa holder sponsor parents?
H1B visa status needs an employer and continuous employment to stay and work in the USA. When the kid turns 21, he can sponsor the parents as an immediate relative. H1B workers will not be able to stay in the US beyond the 6-year limit, on H1B unless, they have their green card under-processing and have i140 approved.
What is the age limit for H4 dependent child?
21 years of ageH-4 eligibility Unmarried children under 21 years of age and spouses of H-1B employees are eligible for H-4 status. A child can no longer stay in the U.S. as an H-4 dependent once they turn 21.
Can I take my parents with me to US?
ONLY US citizens are allowed to bring their parents to the United States permanently. For those who are eligible to bring their parents to the US as a legal immigrant, there is a two-step process. First, USCIS must approve an immigrant visa petition that you file for your parent.
How can I bring my parents to USA?
To apply for a visitor visa, your parents will need complete the Online Non-immigrant Visa Application (Form DS-160). It needs to be completed and submitted online and is available on the Department of State website: https://ceac.state.gov/genniv/.
Can H4 stay in US without h1?
4 attorney answers 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.
How long does H4 processing take?
While 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 it takes to bring parents to USA?
Green Cards for Parents Lawfully Residing in the U.S. If your parents have entered the US lawfully and are currently living in the US then the process takes about 12 months once you submit: An I-130 Visa Petition for each parent.
How can I bring my parents to USA from India permanently?
In this guide you'll learn about the steps to getting an IR-5 visa as well as special requirements and common questions:IR-5 visa eligibility.Establish the parent-child relationship (Form I-130)Apply for the green card (Form I-485 or DS-260)Attend the green card interview and wait for approval.Special Requirements.More items...
Can H-4 child get green card?
H4, L2 Child Green Card What this essentially means is that the H4 and L2 kids will be eligible to get a green card even if they age out at 21 while their parents are waiting in the GC backlog. Criteria: Should have arrived in the USA before Jan 1, 2021.
Does H4 visa get rejected?
The application for the H4 visa will, therefore, be rejected by a 212(A)(4) refusal if the financial means of the principal applicant does not meet or exceed the state poverty line. This is done to prevent people from becoming a financial burden or obligation to the U.S. government.
Who are eligible for Dependent visa USA?
The student dependent visa is called the F2 Visa. The US F2 visa is a non-immigrant dependent visa where the immediate family members of the F1 student visa holders can come to the US. Dependents include the spouse and unmarried children under the age of 21.
Can I bring parents on F-1 visa?
If you want to bring a parent, sibling, fiancé/e or child over the age of 21 to the US on a student visa, then these individuals must apply for a B-2 visitor visa. These visas allow family members to stay in the US for a maximum of six months and you will also need to provide documents to prove your relationship.
Can parents stay with students in USA?
As an international student, you may consider bringing your dependents to the United States to live with you. F-1 and M-1 students may be eligible to bring their children, who are unmarried and under the age of 21, and/or spouse to live with them while they study in the United States.
How long it takes to get dependent visa for US?
The Dependent Visa for the US takes anywhere between 7 days to 90 days for the approval (or rejection) by the USCIS. A Dependent Visa application can be turned down by the USCIS if it is not filled correctly.
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 ...
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.
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.
How Long Can I Stay in the U.S With an H4 Visa?
When you apply for the H4 visa, you will have to submit your spouse’s or parent’s I-797 form. This form states the dates that the visa of your spouse or parent is valid. Based on this, the U.S Embassy will also grant you a visa with the same validity of your spouse ’s or parent’s visa.
Can I Extend my H4 Visa?
If your spouse or parent applies for an extension, then you are also eligible to apply for an extension of the H4 visa. You can do this by filing Form I-539, Application to Extend/Change Nonimmigrant Status.
How long is an H4 visa valid?
So if your spouse has a visa that is valid for 3 years , your H4 visa will also be valid for 3 years. That is the length of time that you can to stay in the U.S.
How to check H4 status?
You can check your visa status on the website of the U.S Embassy where you are applying by entering your application number. The Embassy will notify you once they process your H4 visa. If you have been granted the H4 visa, you will need to go for the visa stamping procedures.
How much does an H4 visa cost?
H4 visa fees are the same as other H type visas. Currently, the application fee for this visa is $190. Pay the fee and save the receipt, as you will need it later during your application procedures.
What is the third part of the interview question?
The interviewer will ask you questions about her/him in order to figure out if the spouse already in the US can maintain you financially, is they have a stable job, and if they intend to remain in the US for long.
How many blank pages are needed for a passport?
Your valid passport with at least one blank page.
What is an H4 visa?
A H4 visa is issued to dependent family members (spouse and children) of H1 visa holders who would like to accompany the H1B visa holder to the U.S. during their stay. This article outlines the complete process on how to apply for H4 dependent visas. In such a case, the principal applicant is always the H1B visa holder. Immediate family members like spouse and children under 21 years old may qualify for a H4 visa and may apply at a US Consulate in their home country.
How to apply for H4 visa?
If you are applying for your visa along with your spouse, who is applying for H1 simultaneously, then you can submit both applications together. An H4 visa allows visa holders to: 1 Get a driver's license 2 Pursue education 3 Open bank account (s) 4 Become eligible for an ITIN (Tax ID for IRS Tax purposes) 5 Work in the US
What are common errors in passport application?
Common errors are: writing the name in the Last name field, writing Last name instead of Given Name and vice versa. Applicants should check their passport and if the whole name is given in one line, they should get the same changed from passport office before applying for a visa.)
Do you have to show proof that you are married to the principal applicant?
You have to show sufficient evidence that you are married to the principal applicant
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.
What is humanitarian visa?
Humanitarian Visas are granted to those individuals who cannot be returned to their home country because it would be a danger to do so. These are known as the U Visas. VAWA cases, Asylum seekers etc. It is best to speak with a lawyer before applying for any of these visas.
What is a J1 visa?
The J1 Visa is a non immigrant visa that is interesting but can prove to be an issue when the time comes to change to another visa status. It is usually issued to research scholars, professors and exchange students coming to the U.S. on exchange programs or for training. They are usually subject to a two year residency and ultimately, it might prove to be difficult to waiver this later. Due to this difficulty it is preferable that it is not chosen as an initial option.
