how to get h4 visa for my wife

^{Compile the H4 visa document file}

• 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 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.
• If you are the child of the H type visa holder, submit the original birth certificate. Marriage certificate. ...

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.

How much time it takes to get H4 visa?

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

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 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.

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.

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.

Who is eligible for H-4 visa?

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).

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).

Which H-4 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).

What documents do I need for H-4 visa interview?

These documents include: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.Passport-sized photograph of the applicant.Confirmation page of the online DS-160 form.More items...•

Does H4 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.

Does H4 require interview?

It allows you to travel to the USA with the primary visa holder. A dependent must be a spouse or children below 21 years. To get an H4 visa, you need to pass an interview test. Accordingly, schedule an appointment for biometrics and visa interviews.

Can H4 apply for green card?

Under H-4 status, you will be able to live and study in the U.S. Those that are the spouses of H-1B holders can also work, provided that they obtain valid Employment Authorization Documents (EAD). Additionally, as of 2015, H-4 visa holders can apply for lawful permanent residence (green cards).

Can I submit DS160 before marriage?

My suggestion is to wait till real marriage is completed to fill DS160 and file H4 visa application. We are seeing lot of form 221g being issued as the information you fill on DS160 form is legal information. You cannot lie on the form and then expect to change it at interview time.

Can I apply H-4 along with H-1B?

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.

Can I have H-1B and H-4 at the same time?

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 I apply H-4 and EAD at same time?

Yes, you can apply for an H-4 change of status and H-4 EAD simultaneously.

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.

Job opportunities in India while staying in US under H4

I am currently having H4 visa (no EAD) in US. Being a clinical research professional, I contributed as a volunteer in Covid-19 vaccine trial in a hospital in US.

Working from the USA for a company in India

This is an uncertain policy problem. I have never seen this question "Whether I can work from the USA for a company in India" answered definitively anywhere. So, you are left to take a risk.

H4 overstay

We applied for H4 extension with my husband's primary H1B in premium processing before our i94 expiry (May13th 2021). H1B got approved but my H4 package got rejected and USCIS returned our document because of the signature that I have signed in place of my daughter's signature who is now 15 yrs old.

H4 EAD application while pursuing Masters

I have H1B visa and my PERM application process is underway. It looks like it will take at least a year for my I-140 application process to be complete. My wife is on H4 visa and is planning to pursue Masters in US on the H4 visa. During her Masters if my I-140 get approved, can we apply for H4 EAD while she is continuing her Masters.

Visa requirement for I-485

I am currently on F1 OPT that expires Dec 31st 2021. I have applied for H4 COS in September. My husband (on H1B) has approved I140 and is going to file for the AOS I485 around February. My question is can we file for I485 with a pending H4 status or do I need to go to India and get H4 stamped. Thanks and appreciate in advance for your time.

Visa requirement for I-485

This is a question that requires some discussion. Overall, I think you'll be best served by talking with your own lawyers.

Can children have two H-4 visas?

I am working in USA with H1B permit. My wife and 1 kid has H4 visa as my dependent. They stayed in USA for few months. Now, We have 2nd kid recently born in India and we have booked visa slot for all of us on apr-22. Currently, my all dependents are staying in India.

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 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.

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.

When did USCIS start accepting H4 EAD applications?

USCIS began accepting H4 EAD application from May of 2015. Check the H4 EAD Eligibility and How to Apply for H4 EAD.

Can I go back to school on H4 visa?

Going back to school on H4 Visa is probably the best option. I would never say no to anyone going back to school to study.

Can I study on H4 visa?

For some, going back to study on H4 Visa is the best option. For others, I would recommend mixing of H4 and F1, for toehrs, I would recommend to look for alternatives.

Can H4 visa holders work in the USA?

H4 Visa is a dependent visa for H1B. There’s very options for H4 Visa holders work here in the USA. Spouse and children of H1B visa holder can get H4 visa to enter the USA. H4 is non-immigrant visa and doesn’t provide work permit unless H1B spouses Green Card process have started.

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.