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how long does it take to get h4 visa

by Van Okuneva II Published 3 years ago Updated 2 years ago
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H4 EAD approval after Biometrics in premium 15 days can be achieved if you follow this trick:

  • File H1B, H4, and H4 EAD concurrently in regular.
  • Wait for 10 working days after attending biometric appointment.
  • Upgrade H1B to premium after about 10 days of biometric completion. Include your biometric completion receipt with the premium upgrade application.
  • Get H1B, H4, and H4 EAD approved within 15 days.

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.

Full Answer

How can you get work on a H4 visa?

What am I Allowed to Do in the US With an H4 Visa?

  • Apply for a change of status. H4 visa holders can apply for a change of status. ...
  • Get a Green Card. Also, many H4 visa holders want to know whether they can apply for a Green Card. ...
  • Study. ...
  • Open a Bank account for H4 visa holders. ...
  • Get a driver’s license. ...
  • Have access to healthcare. ...
  • Get ITIN number for H4 dependents. ...
  • Work with an H4 visa. ...

Can I work outside USA on a H4 visa?

The question above cannot be easily answered. However, most lawyers and people who researched the law including our own team believes that H4 visa holders CANNOT engage in active work while on US soil for a foreign company although the payment is made abroad.

Can I continue to work while H4?

You cannot work if your existing H4 EAD card has expired and your H4 i94 has expired while renewal is in process. Some employers and attorneys suggest going on ‘unpaid leave’ and returning to work once you have got your new EAD card.

Can I start a business on h4 visa?

You can't run a business on an H4. Your intent to switch to an investor visa or whether you “keep the profit in the business” is all irrelevant. It is downright illegal to do business on an H4. You can, however, do a business if you have an H4 EAD.

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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.

Can I stay in US while waiting for H4?

H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of i94 expiry.

Why is H4 processing so slow?

One of the fundamental reasons for delays of H4 processing is the Biometrics Process that was introduced by Trump Administration in 2019 as part of Executive Order 13780. “Protecting the National from Foreign Terrorist Entry into the United States”.

Is H4 processing faster?

Does H4 gets processed faster, if I expedite H4 EAD ? Yes, if your H4 EAD expedite request is approved, you will get H4 processed faster. The reason is that, the processing of H4 EAD depends on H4 approval, so they process H4 faster.

Can H4 visa get rejected?

The visa sponsor (or principal applicant) must be able to take care of their H4 dependents. 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.

Are H4 allowed to work?

The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders. Holders of such an H4 visa EAD can now legally work or start a business in the U.S. as long as their spouse's H1B visa is valid.

Will USCIS speed up 2022?

USCIS Extends Premium-Processing to Certain Pending Immigrant Petitions. On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service to two additional categories of Form I-140 immigrant petitions.

How can I speed up my H4 extension?

Make EAD expedite request by calling USCIS on 1-800-375-5283 (recommended). The dialing code to speak directly with a Customer Representative is 1-2-6-1-1. They keep changing the options and hence you should keep trying.

Can we travel while 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 long is H4 visa valid?

three yearsYour H-4 visa status is tied to your H-1B spouse's status. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six.

Can we apply H4 in premium?

Premium Processing for H4 EAD: USCIS will also provide premium processing option for H4 EAD applicants. Again, this provision will be effective only after USCIS completes the regulatory process.

Can I apply for H-1B and H4 together?

Updated on April 28, 2022 Luckily, with an H4 visa, dependent family members can join the H1 visa holder during their stay in the US. By applying for the H4 visa, these family members are granted temporary residence in the US during the time that the H1 visa-holding family member is working in the US.

Can I stay in US while h1 to H4 is pending?

You are allowed to stay in the U.S. while the COS is pending. Therefore, since you have filed already and have the receipt, you can let your H-1B lapse and just wait for your H-4. Be mindful, if denied you are immediately out of status. But once approved, no issues.

Can we 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.

Can I apply for H4 visa while in US?

If you are within the US, you can submit your H4 visa application through the USCIS.

Can dependent H4 stay in US when I go to India?

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...

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:

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.

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.

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 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.

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.

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.

Where to apply for H4 visa?

If you are outside the U.S, you will need to submit your application for H4 Visa at the U.S Embassy where your spouse or parent has applied or in your home country if you and your spouse are of different nationalities. If you are within the U.S, you can submit your H4 visa application through the USCIS.

Who is eligible for 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.

Do H4 visa holders need health insurance?

However, although not mandatory, most US residents have health insurance anyway, simply because the cost of health care in the US is very high, and people with an average income cannot afford it if they have to pay out of pocket.

How long does it take for H4 to be approved?

That depends. Firstly, H4 depends on H1B. Do you have your H1b approval? if so, then it should not take more than a week.

How to apply for a H1B visa?

To apply for a visa, the applicant must fill out a DS-160 form online and then attend their visa interview. There are several documents the applicant must bring to either prove their marital status or their dependency on the primary visa holder (H1B family member). These documents include:

Is it difficult to get an H4 visa?

Not difficult at all. Unlike most other visas, there is no cap on the number of H4 visas issued. Hence, you just have to fulfill certain formalities to attain it and that’s about it.

Does USCIS approve H4 visa?

As I understand USCIS doesn’t need to approve H4. H4 visa is just a dependent visa as long as the Primary Applicant visa is valid and he/she is ready to sponsor the dependent.

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.

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.

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.

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.

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.

How Long Does it Take to Get a US Visa?

The US visa processing time depends on the type of visa that you are applying for. It takes from 3 to 5 weeks for a US visa application to get processed. After the processing, the applicant can get a positive reply on their application, and the consulate will deliver the document. The delivery of the visa can take up to two other workdays.

How long does it take for a P-1 visa to process?

If you do not have premium processing, after USCIS approves the petition, it might take another 2 to 3 months for the visa to process. P-1 visa. 3 to 6 months. It is a long wait, but the US institutions offer the opportunity to pay for premium processing.

How long does it take to get a visa after an F-2 interview?

F-2 visa. Few days to 2 weeks. After your F-2 interview, you might get a response immediately from your interviewer on whether you got the visa or you were denied. However, it is more common that the wait will be a few days or weeks.

How long do you have to wait to get a visa waiver?

Applicants who are required to apply for a waiver of ineligibility in order to get the visa, should keep in might that they will have to wait for 6 to 8 months from the date of their interview to get a reply.

How long does it take to get a visa reviewed?

It can take a few weeks for an applicant that applies for i.e. a tourist visa, while it may take months for another to get a response for the same visa, because of his / her situation.

How long does it take to get a response from ESTA?

Whereas, countries under the visa waiver program, applying through Electronic Travel Authorization System for short term visits, can get a reply in their ESTA application within 72 hours.

How long does it take to get a response from a blanket petition?

In addition, employers have the option of obtaining premium processing for the additional fees, which will speed up the L-1A processing time and you’ll get a response within 1 to 3 weeks. L-2 visa. 15 days to 1 month.

How long does it take to change H4 status?

H4 change of status is taking 2 to 12 months. California Service Center is processing H4 and L2 Change of status faster than Vermont.

Is H4 visa the same as H1B?

H4 Visa and H1B are in same class of visa H and hence are eligible for dropbox. Check your Dropbox eligibility for India.

Is H4 Visa Stamping faster than H4 COS?

The H4 stamping outside USA in US embassy using H1B approved i797 is fastest way to get H4.

Alexander M. Ivakhnenko

An H4 dependent visa by filing an DS-160 application with supporting documentation to US consul abroad usually takes a 3 weeks, more or less. If in the US the H4 application process is months long.

Donald Edward Smith

Assuming your outside is outside the United States, he/she would apply for an H-4 visa with the United Srates Embassy/Consulate. The length of the process will primarily hinge on interview availability. If, however, your spouse is in the United States, he/she would need to file for a change of status.

F. J. Capriotti III

If your spouse is abroad, s/he can directly apply for visa at the Consulate.

How long does it take to get H4 EAD?

H4 EAD processing time varies from 4-8 months in Vermont, Texas, Nebraska, and California service centers.

How long does it take for an SSN card to arrive?

The SSN card takes 4 to 6 weeks to arrive after your EAD approval. You should have selected the SSN option on form I765 for automatic SSN application.

What is status update USCIS?

USCIS allows you to ask for a status update if your case is taking more than other cases and they call it ‘outside normal processing time’.

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