how to apply h4 visa for spouse

When applying for an H4 visa, typically you will need to take the following steps:

• Apply online using Form DS-160. ...
• Pay the applicable H4 visa fee. ...
• Schedule a visa interview appointment with your local US Embassy or consulate. ...
• Submit your H4 visa documents. ...
• Attend the visa interview. ...
• Await a decision. ...
• Await your visa. ...
• Book your ticket to the US. ...

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 H-4 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 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.

What are the requirements for H-4 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.

How much time it takes to get H-4 visa?

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

Can I book H4 appointment before marriage?

your lawyer is correct. 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.

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).

Do I need marriage certificate 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 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 does the H-4 visa cost?

$190H4 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.

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”.

Who is petitioner for H-4 visa?

H-4 visa application process In all cases, the H1-B visa holder is the principal applicant. The Spouses of H1-B holders and their children who are under 21 can apply for H-4 visas from the United State's Consulate in their country of origin.

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.

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.

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.

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.

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:

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.

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.

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 for an H1B spouse to get extended?

H-1B spouse must have extended H1B status beyond the initial 6 years under AC-21 rule in one year increments. That happens when the H-1 spouse’s employer has a Perm Labor Certification (LC) I-140 filed for H-1B beneficiary at least 365 days prior to the end of the sixth year of H1B status.

Can an H4 visa be used for EAD?

Just because H-1B visa holder has been in the US for more than 6 years, it does not make the H4 visa holder eligible to apply for EAD. For example, his would happen if the H-1B spouse came to the U.S. on student visa and studied in the US for several years before changing to H-1B visa. The condition as mentioned here must be met.

Can an H4 visa holder work part time?

Advantages. There are several advantages of H4 visa EAD: H4 visa EAD holder can work full time or part time for any employer in any position or in any field. Of course, if H4 visa EAD holder chooses not to work, that is absolutely fine too.

Can an H4 visa holder start their own business?

H4 visa based EAD holder can start their own business of any kind.

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.

Can you get a photocopy of a passport?

You can get his home country administrative unit (issuing authority of the document, that within the case of a passport is that the embassy of the country that issued it) to endorse that the passport photocopy.

Can I get same sex visa as opposite sex spouse?

Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. ...

Can a spouse get a K-3 visa?

Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé (e), Form I-129F. Learn more.