Visa-Faq.com

how to apply for h1b dependent visa

by Dr. Nya Padberg I Published 2 years ago Updated 2 years ago
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A copy of your spouse or parent's H-1B Approval Notice (Form I-797). You can't apply until the employer's I-129 petition has been approved by USCIS

United States Citizenship and Immigration Services

U.S. Citizenship and Immigration Services is an agency of the U.S. Department of Homeland Security that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service, which was dissolved by the Homeland S…

. A copy of the I-129 petition or the petition's receipt number. Your marriage certificate or birth certificate, which shows your relationship to the person getting the H-1B visa.

How can I get a Dependent Visa for the USA from India?
  1. Fill the digital Form DS -160.
  2. Pay the fees for H-4 Visa.
  3. Schedule the appointment for the Visa interview.
  4. Submit all the documents required for the Visa.
  5. Attend the interview.
  6. Obtain the H-4 Visa.

Full Answer

Is H1B visa bad for the USA?

Unfortunately, the H-1B visa is not without its downsides. Work with your immigration attorney to weigh the pros and the cons of this visa class in order to determine if it is the right choice for you. Lottery. The first and greatest drawback of the H-1B visa is the fact that there is an annual limit on how many petitions are approved each year. While other visas also have a limit, they are not as easy to obtain and so that limit is rarely reached.

How can one apply for H1B visa?

  • Have a US Bachelor's degree or higher in the area of your specialty occupation from an accredited institution;
  • Have an equivalent foreign degree; or
  • Have experience through positions held in your specialty occupation equivalent to the completion of such degree.

When do I say that I need H1B visa sponsorship?

When to tell a company you need visa sponsorship. So the short answer to “When do I tell the company that I need visa sponsorship” is: 1. When they ask you. 2. When you believe you’re being seriously considered for a specific job. The preferred situation is to reveal to the hiring manager that you require sponsorship, and not HR.

How to file a H1B visa?

  • Photo identity card
  • Social security number
  • Wage documents and salary statements from the employer
  • Investment income statement
  • Other income statements
  • Forms W-2 and 1099 series
  • Receipts to back up deduction claims
  • Documents related to the name change, dependency, in case of marriage of married individuals.

More items...

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Can dependent work on H1B visa?

To be eligible for employment authorization as an H1B dependant: You must be the spouse of an H1B non-immigrant worker. You must have applied for and been granted H-4 visa status.

What are the documents required for H1B dependent visa?

Two Passport-size photograph. Receipt of the fee paid details. The H1B visa holder's form I-797 photocopy. Marriage certificate in case of spouse and birth certificate in case of children.

How can I apply for H-4 visa?

You need to take the following steps when applying for H4 visa:Apply online. You will need to fill Form DS-160 online. ... Pay the applicable H4 visa fees. H4 visa fees are the same as other H type visas. ... Schedule a visa interview appointment. ... Compile the H4 visa document file. ... Attend the visa interview. ... Get your visa.

Can my wife work if I have H1B visa?

Spouses of H-1B and L-2 visa holders will no longer have to apply for work authorisation and need an employment authorisation document as proof in order to work in the United States.

How long does it take to get H1B dependent visa?

This Visa depends on H-1B. If the H-1B approval is present, then ideally it should not take more than a week. However, it will take longer if the USCIS has to verify additional details. In this scenario, it may take around 1 month to 2.5 months.

Who can be dependents on H1B?

Overview. Spouses and children under the age of 21 of H-1B employees are considered dependents and are eligible for H-4 nonimmigrant status. H-4 beneficiaries are only eligible to be in the U.S. in H-4 status while the principal H-1B beneficiary is in the U.S. in valid H-1B status.

Can I apply for H1B and H4 together?

Obtaining the H-4 visa does not cancel the H-1B visa. You are allowed to have more than one valid nonimmigrant visa at the same time. However, you can only use one visa at a time. So someone with both a valid H-1B visa and a valid H-4 visa would have to use one or the other when they travel to the US.

Can H4 dependent work in USA?

You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.

What are the documents required for dependent visa?

Applicants must have a valid passport. The sponsor must have adequate financial resources to support the dependents. Work and income proof of the sponsor. Medical examination and evidence of adequate insurance for dependents.

Can husband and wife both apply for H1B visa?

“Currently, spouses of L-1 visa holders (on intra-company transfers) are permitted to work. It seems that the same will now apply even to spouses of H-1B workers. They will be given a work permit. This is big news given that Indians constitute a significant number of those allotted H-1B visas each year.”

How many years we can stay in US on H1B visa?

six yearsUnder U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.

How long is H1B visa valid?

Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years. Before an employer can file a petition with USCIS, the employer must take steps to ensure that hiring the foreign worker will not harm U.S. workers.

What are the documents required for dependent visa?

Applicants must have a valid passport. The sponsor must have adequate financial resources to support the dependents. Work and income proof of the sponsor. Medical examination and evidence of adequate insurance for dependents.

What are the requirements for spouse visa in USA?

Required Documentation A copy of your civil marriage certificate. A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated.

Who qualifies for dependent visa?

Your partner and children may be eligible to apply for a dependant visa if: Your course is full-time, at postgraduate level* and at least 9 months long OR. You are a government sponsored student on a full-time course that is 6 months or longer.

Can H4 dependent apply for H1B?

Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. The H4 visa holder’s sponsoring H1B employer must file his or her H1B petition. The H1B sponsoring employer will need to submit the following along with Form I-129.

What is the I-129 form?

Once the LCA process has been completed, the employer can proceed to submit the H-1B petition by filing the I-129. Form I-129 is officially known as the Petition for Nonimmigrant Worker. The employer must be sure to include the employment letter with the position’s exact duties, dates of employment, detailed description, salary offered, position requirements, contact information, etc.

What documents are included in a foreign employee's supporting documents?

The foreign employee’s academic qualifications, training certificates, membership documents, resume, and letter of support must also be included as part of supporting documents.

Can I change my status on my I-129?

Change of Status: Once the I-129 is approved, the USCIS will update your I-94 record to indicate your new visa class to H-1B status. With this, you can take up your new job position as an H-1B visa holder. This is only available to those that are already under a valid nonimmigrant status such as O-1, J-1, or L-1 status.

How do I apply for the H4 dependent visa?

It is recommended that you apply for H4 dependents the same time as you apply for the H1B visa (after the petition is approved). The steps are as follows:

How to find an employer that can apply for H1B?

You can use the links below to find employers in the U.S. and see what their history is in terms of sponsoring H1B workers in the past:

What are the qualifications for H1B?

To be approved for H1B, you will need to be working in a “specialty occupation” for fields such as STEM, medicine, education, business studies, etc. In general, jobs that do not require special education/training prior to starting will not be approved for H1B.

What is the H1B quota?

There is a randomized lottery conducted by USCIS to determine who gets these spots. In a typical year, 20,000 H1B petitions will be approved for those with Master’s degrees and 65,000 will be given to a pool of those with a Bachelor’s or equivalent degree and the Master’s degree applicants that were not selected.

What do I do after being approved for H1B?

After your employer has completed your registration and your petition gets selected for approval, you will now need to begin the process of getting your H1B visa approved through your home country’s U.S. embassy/consulate. You can follow the steps below:

What can I do if I don’t get selected in H1B lottery?

If your employer’s initial H1B registration is not selected during the lottery, you have a few options you can look into:

Should I purchase health insurance for H1B?

For many H1B visa holders, you will receive insurance through your employer. However, if you don’t, please be aware of the high costs for medical services in the U.S. If you do not have health insurance for your visit abroad, it is highly suggested you do so to prevent any financial hardships in the event you do need medical attention.

Who can get a dependent visa?

Other dependent visa processes: These are dependent visas for dependents of athletes, scientists, asylum seekers, refugees, witnesses, permanent residents, citizens and others who are legally living in the US and wish to live with their dependents to the US.

How long does it take to get a dependent visa?

If the H-1B approval is present, then ideally it should not take more than a week. However, it will take longer if the USCIS has to verify additional details. In this scenario, it may take around 1 month to 2.5 months.

What is an H4 visa?

The H1B dependent visa is called the H4 visa. The H4 dependent visa gives the right to live, study, and work in the US.

How to check if you are offered a visa?

Your application and interview will decide whether you will be offered the Visa or not. The status of your application can be checked on the US Embassy website where you have applied. This is by entering the number of your application.

Can an H4 visa holder start a business?

The H4 visa holder is permitted to start any form of business.

Is the validity of a visa dependent on the sponsor?

The validity of the visa is dependent on the visa of the sponsor who is also called the principal applicant.

When will H4 visa holders get EAD?

However, effective May 26, 2015, certain H4 visa holders will be able to apply for work permit (get EAD) and be able to work. H4 Visa EAD

Can a family member be admitted to a non-immigrant?

Family members may alternatively be admitted in other nonimmigrant categories for which they quali fy, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B petition to employ the spouse.

Can family members work on H4 visa?

However, family members cannot engage in any form of employment in the H-4 visa category. In order to work, family members must obtain USCIS permission through the approval of a change of status application to a nonimmigrant category permitting employment. Since H4 visa holders are not allowed to work, they are not issued the Social Security Number.

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