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what are the options for h4 visa holders in usa

by Eryn Boehm Published 2 years ago Updated 1 year ago
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I can think of following six options for H4 Visa spouse in the USA:

  • Find a full-time job and have an employer sponsor H1B Visa
  • Find a consultant and have them apply H1B Visa
  • Find a full-time job that qualifies in Cap-Exempt H1B ( How to Get A Job and Cap Exempt H1B Visa)
  • Go to School in H4 Visa
  • Go to School in F1 Visa (H4 to F1 Status Change)
  • Volunteering in your field in H4 Visa.

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).Mar 21, 2022

Full Answer

Are H4 visa holders allowed to work?

In general, as H4 visa holders are not allowed to work, they are not eligible for SSN, unless they qualify for H4 EAD. If you are eligible for H4 EAD, then you can either apply for it directly using your EAD application or apply for it separately at SSN office. Check H4 EAD SSN Application Process, Documents.

Can H4 visa holder study in US?

Yes, H4 visa holder can study in US. Yes, they can study full time as well. Full time is nothing but taking more courses. Every university is different, but in general if you take about 9 or more credits, you are considered a full-time student.

Does H4 EAD need sponsorship?

With an EAD you do not need to have a Labor Condition Application (LCA), petition or sponsorship (Form I-129) from US government agencies. The EAD allows you to work in any sector of the economy in any type of legal job, so you are not only constrained to jobs which require extraordinary ability.

What is the status of H4?

The H-4 status of an eligible spouse or child is dependent on the primary worker maintaining a valid immigration status. Thus, these individuals are referred to as “H-4 dependents.”

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What jobs can H4 visa holders get?

Before 2015, H4 visa holders weren't allowed to work in the United States at all. After 2015, certain H4 visa holders are allowed to work if they have an EAD. The EAD doesn't limit you to a specific sector or type of job. You can work in any industry for any employer, and you can even freelance.

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 H4 visa holder convert to H-1B?

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.

Can H4 visa holder work in US 2022?

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.

How long is H4 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.

Is marriage certificate mandatory for H-4 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.

How long does it take to change from H4 to H1B?

H4 to H1B Processing Time of 6 months includes H1B approval time and actual H1B Visa start date. If employer applies for H1B Visa with Premium Processing, you can get H1B approved in less than 3 weeks.

Can I work in USA with H-4 visa?

Currently, the H-4 visa holders must apply for work authorisation and wait for it to be processed before they can work, even though they are already in the United States and their spouse is working here.

What is the age limit for H4 dependent child?

21 years of ageH-4 eligibility Unmarried children under 21 years of age and spouses of H-1B employees are eligible for H-4 status. A child can no longer stay in the U.S. as an H-4 dependent once they turn 21.

Can my wife work on H-4 visa?

The H4 Visa: As long as the H1B visa holder's permit is valid, the H4 visa holder can continue their stay with their spouse. They can open a bank account, get a valid driving license, study in the US, and even work in the US if they get employment authorization document (EAD).

Can H4 work without EAD?

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.

Can H4 start without EAD?

(2) Why it is legal to stary any business on H1b or H4, you don't need an EAD card to start any business. You can start a business even with no SSN.

Can H4 apply for EB3?

H4 EAD USCIS Rules The i140 category is not relevant for filing H4 EAD. All three employment-based i-140 categories like EB1, EB2, and EB3 are eligible. You can file H4 EAD even if your H1B i140 is not approved yet using the AC21 rule by USCIS.

Can I stay in US while H4 is pending?

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

Can I work in US with H-4 visa?

Currently, the H-4 visa holders must apply for work authorisation and wait for it to be processed before they can work, even though they are already in the United States and their spouse is working here.

Can H-4 visa holder work in USA without EAD?

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 dependents of H visas work in America?

In that case, they need to return to their home countries. Dependents of H visas holders who hold H-4 visas cannot obtain Social Security Numbers and cannot work in America. But they can study at U.S. universities and get driver’s licenses.

Can I change my H-4 visa status?

They may also become eligible for H-1B visas. Though the H-4 visa holders do not have the right to work in the U.S. they can change their status to some other non-immigrant status that would grant them the ability to work in the country. To change their non-immigrant status, they need to file the USCIS Form I-539, ...

Two Options & Potential Problems

Path 1: Get F1 Visa: – admission to US university, complete graduate program, and post-masters get Job and your employer files your H1B

What to Study while on H4 Visa?

If you’re sure that you want to pursue a career for at least a few years, then my recommendation is to enter an F1 visa to study which would lead to a career.

H4 to F1: F1 Visa Rejection is a Possibility

My sister was in same situation 5 years ago. So, I will give you two options based on risk of visa rejection and peace of mind. I will NOT suggest you go for Day 1 CPT as there are a lot of issues with that.

H4 to F1 or H4 EAD – Requires Planning and Preparedness

You can also discuss the same questions with your future husband and get to know his plan/situation as well.

H4 to 120K Job on Amazon

My friend has the same situation as you before. This is how she got her 120k job. I don’t know if it works for everybody but it might be some options.

Life and Relationships Over Career and H4 Visa

It’s disheartening to see such a mindset about a marriage where it reduces to transaction-based.

GRE & Masters Degree Option for H4 Visa Holders

Preparing for GRE takes 5 to 6 months, considering you have either strong English and Maths background).

How to Apply for H4 Visa ?

The process to apply for H4 Visa depends on the physical location where the H4 visa application currently lives. If the H4 applicant lives outside of US, then they need to apply for H4 Visa at the nearest US Consulate or US Embassy. Unlike, if the H4 applicant is already living in US on a different visa status, then they need to apply for H4 Change of Status with USCIS. Let’s look at each of the processes.

What is H4 Visa ?

H4 Visa or H4 dependent visa is the US visa category given to the spouse and children ( under 21 years of age) of all H visa holders such as H1B Visa, H1B1 Visa, H2A, H2B and H3. H4 visa is treated as dependent visa, meaning its validity and status are tied to the primary H visa holder. USCIS classifies it as given to Family of H1B visa. Unlike H1B Visa Cap, that has annual limit of 85,000 per year, H4 visas do not have any annual limit. As long as the H1B holder is counted towards H1B cap and got visa to work in US, H4 visa holders can join them and go to US.

What form do I use to apply for H4 EAD?

If the H4 visa holder qualifies for H4 EAD, then they can apply for employment authorization document (EAD) with USCIS using form I-765. For step by step instructions, Read How to apply for H4 EAD, Biometrics

What does an H4 EAD card look like?

It looks like a driving license card with details of the H4 holder , with photo, including work authorization category, validity, etc.

What is an H4 approval notice?

If you have got H4 status by applying for Change of Status within US, you will get a H4 approval notice, that is basically a form I-797A that state your details, and validity of H4 status, including the I-94. Check Sample H4 Visa Approval Notice with I-94

When will H4 biometrics be suspended?

In early 2019, USCIS introduced New I-539 form, with Biometrics as an additional step under Trump administration. But, in May 2021, Biden administration suspended the H4 Biometrics for two years until May 2023. If you file H4 COS or Extension application after May 2021, you do not need to attend biometrics by default.

Will USCIS waive H4 biometrics?

USCIS has waived biometrics for H4 visas from May 2021 for two years. But, on a case by case basis, they may issue biometrics appointment. Get H4 Approval Notice with I-94 that indicates your new status and duration of the same, if approved by USCIS. USCIS is yet to introduce Premium Processing for H4 Visa, H4 EAD .

Do forced housewives have good qualifications?

Many such dependents, most of whom are forced housewives, have excellent qualifications and probably even had successful careers before they were transformed into a perpetual state of inactivity. The archaic laws prevent these legal immigrants from any opportunities.

Can an employer sponsor an H1B?

It is possible, though difficult, that you find an employer who can sponsor your H1B. The only problem with this is that it is a hard enough economy to find an employer, let alone find one who will be willing to sponsor your H1B.

Can H4 dependents work in the US?

The USCIS director Leon Rodriguez announced that certain H4 Visa holders would be allowed to work in the US as long as – here’s the catch – certain conditions are met. As per the new rules, the H4 dependent spouses are allowed to apply for I-765 or Employment Authorization Card, which is a temporary work permit , as long as the principal H1B holder satisfies one of the conditions (Ref. From USCIS.gov ).

Is H4 visa exclusive for women?

And every year, a young Indian girl travels across the oceans to land up in an unknown country with a man she barely knows. She becomes an H4 visa holder – the dependent spouse. While such a visa status is not exclusive for women, of course, but they constitute the largest number of dependent visa holders.

Can H4 visa holders work in the USA?

Best ways H4 dependent visa holders can work in the USA. A life in the USA, is a desirable one for a lot of Indians. It gives many a chance at a better job, better life and even an opportunity to live their American dream. In fact, living and working in the US, has become a sign of success and a right of passage, for many NRI bachelors, ...

Can I apply for an EAD while in H4?

While in H4, you can choose a program that can train you with a job skill. You can then apply for an EAD as your H1B partner becomes eligible for a green card application (I-140 approved). Totally twisted like jalebi. But just like one, the end result may be delicious after all.

Can you change your visa status with a J1?

There are the J1 and O1, each of which will claim a kidney and a limb! Just kidding. They won’t need your limb.

How to pay for Education ? Loan to study on H4 visa ?

You or your spouse can apply and get loan for education in US. You can get loan anywhere from $1,000 USD to $35,000 USD depending on your eligibility, even without credit history. You also build credit history, if you get loan approved. We have partnered with them, you can Apply for H4 Study Education Loan at Stilt

How many H1B visa slots are there?

In general, there are additional 20,000 H1B visa slots reserved for US Masters category.

What are the advantages of working in your home country?

If you have worked in your home country for some time, you may have an advantage over others in terms of grasping subjects quickly and performing better.

Do H1B visa holders pay taxes?

H1B visa holder paid taxes in the state with dependent status.

Can an H4 visa be in state?

In general, most of the work visa types like H1B or L1 and their dependents on H4 or L2 can qualify for in-state tuition, if they meet the residency requirements ( how long you stayed in the state). So, in-state tuition fee option is available for H4 visa holders, if they meet the requirements.

Is an H4 visa dependent?

H4 Visa is a dependent visa and does not provide work options for everyone. When H4 holders arrive in US as spouse of H1B visa holder, they are pretty much dependent on their spouse for everything. Most of them may have had a professional career and have dreams to work and contribute to society. It can be frustrating to sit at home and do nothing. Below are some of the common reasons H4 visa holders aspire to study MS or MBA in US.

Can H4 visa holders get tuition in private schools?

You have to carefully decide and talk to school DSO that you are applying to before you jump into any conclusions. You will not get any in-state tuition in Private schools !

Where to enroll in H4 visa?

Location – H4 visa holders generally prefer to enroll in a University that is closer to their home. And also, there is an incentive to find a University in their home state where they are eligible for in-state tuition fee.

Do H4 visa holders need recommendation letters?

Recommendation letters – Most universities require recommendation letters from professors as part of the admission application. Some H4 visa holders find it difficult to secure recommendation letters because they had been out of the college for quite some time or they are not in contact with the professor s anymore.

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