how to apply for h4 visa for my wife

Compile the H4 visa document file.

• Filled DS-160 application form.
• Your valid passport with at least one blank page.
• Two US visa photographs.
• Receipt proving payment of $160 for a nonimmigrant US visa application.
• Photocopy of the primary H visa holder visa.
• Photocopy of your spouse’s/parent’s I-129 form, I-797 form, and the Labor Certification Application (LCA).
• A copy of your spouse’s/parent’s passport with a clear, identifiable photo.
• Your spouse’s/parent’s letter of employment in the US.
• Copies of your spouse’s/parent’s letters of previous work experience.

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. ...

Is H4 visa still valid after divorce?

Answer (1 of 2): During a divorce, you are still married and your H-4 is still valid. After you get the divorce decree in your hands, you have to leave the US immediately if you have not been granted or applied for a different status. Converting to F-1 visa status, just to be able to stay in the...

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.

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.

When can my spouse apply for H4 visa?

The H4-EAD can be applied as soon as the I-140 is approved. There is no waiting time. The H1B status visa holder must extend I-140 under AC-21 rule in one-year increments. The H4 EAD can be applied if the perm labour certification or I-140 application is not refused or denied.

Can I go with my wife for H4 visa interview?

Yes your wife can attend the visa interview all by herself, but make sure she carries all the necessary documents previous H1B stamp, marriage certificate, current company's 797.

How much time it takes to get H4 visa?

The average processing period for a visa is 15 to 30 working days.

Can I apply H4 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.

Does H4 get rejected?

Yes. If you are ineligble to enter the US, like you have a entry ban due to something you have done in the past, unless that ban is lifted, H4 or any other visa, will be denied to you.

What documents are needed for H4 visa?

H4 Visa Process: H4 Visa Documents US 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.

Is marriage certificate mandatory for H4 visa?

Depending upon the relationship, you will need to provide documents to prove the marriage is legitimate (spouses) or a birth certificate for a child under 21 years of age or both if you are bringing a spouse and children. For marriages, USCIS will ask you to provide significant evidence of the relationship.

Who is eligible for H4?

To be eligible for lawful employment, H4 visa holders must be dependent spouses of an H1B visa holder. In order to work legally in the United States, the spouses must file Form I-765 (Application for Employment Authorization) with U.S. Citizenship and Immigration Services (USCIS).

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.

Which H4 spouse can work?

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).

Can I book H4 appointment before marriage?

Your wife cant appear for H4 interview before your marriage is done. Marriage certificate is a mandatory thing for H4 interview but if you are asking whether you can schedule interview or not then it is possible.

How do I book an appointment for H4 visa?

How to Book Your Visa Interview at the EmbassyStep 1: Complete the DS-160 form online! ( ... Step 2 - Find the embassy nearest to you! ... Step 3 - Pay the non-refundable application fee. ... Step 4 - Schedule your visa appointment! ... Step 5 - Attend Your Visa Interview. ... Step 6 - Pick up your passport with visa.

Can I book H4 appointment before marriage?

Your wife cant appear for H4 interview before your marriage is done. Marriage certificate is a mandatory thing for H4 interview but if you are asking whether you can schedule interview or not then it is possible.

Is marriage certificate mandatory for H4 visa?

Depending upon the relationship, you will need to provide documents to prove the marriage is legitimate (spouses) or a birth certificate for a child under 21 years of age or both if you are bringing a spouse and children. For marriages, USCIS will ask you to provide significant evidence of the relationship.

Can spouse work H4 visa?

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.

Is Wedding Album mandatory for H4 visa?

Yes, wedding albums are easy because most people who are married and applying for an H-4 have one, but there are many other ways to present the bona fides of a marriage.

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.

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.

What is a copy of my spouse's passport?

A copy of your spouse’s/parent’s passport with a clear, identifiable photo. Your spouse’s/parent’s letter of employment in the U.S. Copies of your spouse’s/parent’s letters of previous work experience. Recent pay stubs and tax filing information, if your spouse/parent is already working in the U.S.

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 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 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 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 much does it cost to get an H4 visa?

You should save your fee receipt as you will require this later. Currently, the application fee for an H4 visa is $190. Schedule a visa interview appointment with your local US Embassy or consulate. Having scheduled your interview, you will get a letter of confirmation, which again you will need to retain.

What is the purpose of submitting supporting evidence to USCIS?

Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.

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:

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.

How to apply for a H4 visa?

To apply for a visa, the applicant must begin the H4 visa process and fill out a DS-160 form online and then attend their visa interview.

What is an H4 visa?

An H4 visa gives spouses and children under 21 of H1B visa holders the ability to join the visa holder in the US. H4 visa holders can legally:

When did H4 visa holders become eligible to work?

Beginning on May 26, 2015, select H4 visa holders became eligible to work in the U.S. To be able to work, an H4 visa holder must first apply for and be approved for an Employment Authorization Document (EAD). Additional requirements include:

Will my H4 visa be rejected?

It’s possible your H4 visa application will be rejected. While it would be a letdown, it’s not the end of the road. Check out our guide for what to do in case of an H4 visa rejection.

Can dependents work in the US on an H4 visa?

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.

Is the H4 visa policy changing?

Visa policy is always changing, and even just until 2015, H4 visa holders were not allowed to work. This change in policy came with backlash from groups who believed that H4 visa holders were taking their jobs, and although most of these criticisms were initially brushed off since Trump’s administration took office, there have been statements released suggesting that there will be changes to the H4 visa EAD rule.

How long is an H-1B visa valid?

Facts: The principal alien is the beneficiary of an H-1B visa petition by ‘Company A’. The visa is valid for a period of three years. The accompanying family member receives an H-4 visa for the same period reflecting the principal alien’s employment with ‘Company A’. One year later, the principal alien changes employers. A new H-1B visa is petitioned for by ‘Company B’, and all procedures are followed so that the principal alien is never out of status. The validity dates on the H-4 accompanying family member’s visa has two years remaining, but still shows ‘Company A’ as the H-1B petitioner and not ‘Company B’.

Can a person on a dependent visa work in the US?

Q: Can a person on a dependent visa work in the U.S.? A: No, they are generally prohibited from working in the U.S. while in status on a dependent visa. 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. Q: My mother is alone in India ...

How to apply for ITIN after W-2?

The 30-Second Trick for How to Apply for ITIN: After receiving W-2, You call the person who is preparing your Tax return, and they will take care of everything with nominal charges for ITIN. Please call: and make reference to HelpingDesi.

What are the documents needed to Apply for ITIN Number?

Either you are applying for ITIN advance, or with tax filing , you need the same document, and you have to follow the same procedure. So below are the documents are required for applying ITIN: