How to apply for H4 visa?
Documents Required
- Photocopies of the first, last and remarks page of your current passport and all old passports.
- The current passport of the applicant, showing validity of more than 6 months after the expiry of the visa.
- One photograph, according to the digital image requirements.
- DS-160 form barcode.
- Visa fee payment receipt.
- Interview appointment letter.
Can I study in H4 visa?
You can start attending college ( Full-time or Part-Time) in H4 Visa status. You already have H1B visa counted under cap, then converted to H4. H4 for EAD rule gets published, then you can study in H4, then use the EAD to get a job. But, if your goal is to get Full Time job and H1B visa, then I don’t recommend this option.
Can a H4 visa be converted to a H1B visa?
Applying for H1B from H4 Visa Status Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. The H4 visa holders 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 we convert a H4 visa to a F1 visa?
Yes. And its the best decision to convert from H4 to F1 Visa if you are enrolled as “Student” in a recognized University. You need to consult with the University’s International Student Office for the formal process of Visa conversion from H4 to F1.
Who is eligible for H-4 visa?
The H4 visa is issued to the spouse and children (below 21) who are dependents of the H1 B holders by the USCIS. It is issued to the dependent family members who wish to travel along with the H1B holders. As long as the H1B visa holder's permit is valid, the H4 visa holder can continue their stay with their spouse.
Can H-4 visa holders work?
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 H-4 visa valid?
Your 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 H-4 permanent resident?
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).
How long does H4 visa take?
Every USCIS service center has different time statistics. This service center takes more months to process H4 visas. In terms of the automatic extension, USCIS Texas Service Center has shorter times at 5 to 7 months. Generally, the entire process can take anywhere from 2 to 12 months.
What can H4 visa holder do in USA?
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 my wife work on H4 visa?
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.
How many H-4 visas are allowed in USA?
Characteristics of H-4 Visa Recipients The number of H-4 visas allocated to family members of H-category nonimmigrant workers increased from 47,206 in Fiscal Year (FY) 1997 to 136,393 in FY 2017.
Can I stay in US while H-4 is pending?
H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of i94 expiry.
Is H-4 a visitor visa?
An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder....Number of visas issued by year.Fiscal YearTotal number of H-4 visas issued2017136,39320 more rows
Can an H1B visa holder apply for a green card?
Can H1B Visa Holders Apply for Green Cards? Yes. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. If you are interested in staying in the US, you should start the process of applying for your green card sooner rather than later.
Can H 4 go to school?
If you are on H4 visa (dependent visa) you can go to school or college without a change in your visa status. There are a few exceptions to the case, but if you are worried about applying for the student visa (F1) to study, think again. It is possible to enroll in a college or school on a dependent visa.
Will the H4 EAD be revoked?
Update Jan 26, 2021 – Looks like DHS has finally withdrawn the H4 EAD revocation rule. The rule shows concluded date as 25 Jan 2021 and the concluded action as 'Withdrawn'. What this means: DHS is not actively looking to revoke H4 EAD work permits.
How long it takes for I 140 to get approved?
four to six monthsUSCIS processing time for an I-140 Petition is typically four to six months. However, for an additional filing fee, the USCIS will adjudicate the petition via “premium processing” (15 calendar days).
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 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.
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.
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.
Do H4 visa holders need health insurance?
However, although not mandatory, most US residents have health insurance anyway, simply because the cost of health care in the US is very high, and people with an average income cannot afford it if they have to pay out of pocket.
What is an H-4 visa?
An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21. If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services.
Can an H-4 dependent spouse receive social security?
DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States. These H-4 dependent spouses are also eligible to receive social security numbers. An H-4 dependent spouse of an H-1B nonimmigrant can file Form I-765, Application for Employment Authorization to obtain an employment authorization document ...
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 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 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.
What is an H-4 visa?
The H-4 is a temporary, nonimmigrant visa category for the spouses and unmarried children under 21 years of age (dependents) of individuals in one of the following nonimmigrant visa categories: H-1B (workers in a specialty occupation)
Why is it important to allow H-4 spouses to work?
Notably, allowing spouses to work brings the United States in line with other countries competing to attract talented foreign nationals.
Can an H-4 dependent attend school?
Thus, these individuals are referred to as “H-4 dependents.”. H-4 dependents can attend school. However, they are not eligible for temporary employment related to their field of study—something available to some foreign students, such as those in an F-1 status. H-4 dependents can apply for an extension to remain in the United States ...
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.
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:
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.
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.
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, ...
What kind of H-4 EAD jobs am I allowed to find?
As mentioned, it is not necessary to have a job offer in order to apply for the EAD. So if you have one before you apply, that is perfectly fine, but if you don’t it will not cause you any problems. After going through the EAD application process and getting the authorization, you can start looking for jobs.
How to get a H4 EAD to work in USA?
This includes filing different H-4 EAD documents and paying H-4 EAD fees. Before you start your application process for the EAD, make sure to first check whether you are eligible for it or not. In case of eligibility, you can then start the procedures to get your EAD.
What is the form I-765?
Form I-765, Application for Employment Authorization
Which form proves your stay in the U.S. has been extended?
Form I-797 and Form I-539 which prove your stay in the U.S has been extended.
Do I qualify for the H4 EAD Program?
Not all those who have an H-4 visa and are dependents of H-1B visa holders are eligible to apply for an EAD. There are two requirements, and H-4 dependents need to satisfy at least one of them to qualify for an H-4 EAD application. The requirements are as follows:
How many MB is the I-765?
Complete Form I-765 using the Instructions for Form I-765 (PDF, 1.07 MB). USCIS will reject any application that is not accompanied by the proper filing fees or signature.
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:
