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: The H-4 status of an eligible spouse or child is dependent on the primary worker maintaining a valid immigration status.
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. ...
What are the options for a H4 visa holder?
Steps for H4 Visa Interview, Stamping
- Fill out Online Non-immigrant US Visa Application Form, also called as DS-160 form
- Pay required US Visa fee for H4 visa stamping.
- Book appointment at a Visa Application Center (VAC) to give Biometrics ( fingerprints, photo)
- Book appointment for in-person Visa Interview
- Give Biometrics, Attend US Visa interview on the booked appointment date
Can a H4 visa holder have foreign income?
There is no restriction on H4 visa for any length of time the visa holder needing to stay in US. One caveat to the rule is, you are not supposed to earn while you’re physically in USA on H4 visa. But, as a thumb rule, if you take a vacation from work in India and come to USA, then it should be totally fine. Yes, that is possible.
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 long is H4 visa 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 H4 visa A 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).
Who qualifies for H-4?
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).
How can I get H-4 status?
You need to take the following steps when applying for H4 visa:Apply online. You will need to fill Form DS-160 online. ... Pay the applicable H4 visa fees. H4 visa fees are the same as other H type visas. ... Schedule a visa interview appointment. ... Compile the H4 visa document file. ... Attend the visa interview. ... Get your visa.
Can my wife work on H-4 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.
Can H-4 dependent work in USA?
H-4 visa holders are permitted to volunteer and undertake unpaid work for non-profit organizations while in the US without an EAD. The volunteering position should be offered to US citizens and green card holders and the H-4 visa holder must not receive any financial benefit for their volunteering work.
How much is H-4 visa fee?
One form I-539, and one filing fee of $370 should be submitted per family, regardless of the number of H-4 applicants.
How long it takes to get H-4 visa?
This Visa depends on H-1B. If the H-1B approval is present, then ideally it should not take more than a week. However, it will take longer if the USCIS has to verify additional details. In this scenario, it may take around 1 month to 2.5 months.
How much time does H-4 processing take?
Current USCIS Processing Time: The current USCIS case processing time for H-4 extensions is 5.5 – 7.5 months, per the USCIS website.
Can H4 stay in US without h1?
4 attorney answers. As long as the H-1B principal has valid status and the H-4 beneficiary have valid status it is okay to remain in the US while H-1B travels outside the US.
What happens if H-4 visa expires?
H4 spouses will qualify for the automatic extension of their valid EAD for 180 days beyond the date of the EAD expiration if the nonimmigrant spouse: Files a Form I-765 before the current the EAD expires; and. Continues to maintain H-4 status beyond the expiration of the existing EAD.
Is H4 temporary resident?
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) H-2A (temporary or seasonal agricultural workers)
What happens if H4 visa expires?
H4 spouses will qualify for the automatic extension of their valid EAD for 180 days beyond the date of the EAD expiration if the nonimmigrant spouse: Files a Form I-765 before the current the EAD expires; and. Continues to maintain H-4 status beyond the expiration of the existing EAD.
Can I have H-1B and H4 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 H4 visa holder work in US 2021?
The H4 visa is issued as a non immigrant dependent visa. The H4 visa is issued to the spouse and children below 21 years of the H1 visa holders. The H4 visa holders can study, live, and work in the US with this visa status.
What Is an H-4 Visa?
H-4 visa holders are immediate family members of H-1B visa holders. Most H-4 visa holders are spouses who want to join their partner in a new country. They enjoy many of the benefits of living in the United States, but some limitations exist. That's why an H-1B visa is better.
What Can a Person Do With an H-4 Visa?
The holder will enjoy several privileges available to American citizens. They can:
Who Qualifies for an H-4 Visa?
The only people who qualify are dependents. In the United States, those people are spouses and unmarried children under the age of 21.
How Does a Person Apply for an H-4 Visa?
The applicants of both the H-1B and H-4 visas usually apply together. Otherwise, the paperwork won't get finished at the same time, leaving one person unable to join the other in the United States.
What Steps Are Required When the H-4 Visa Arrives?
To avoid issues with government officials, the new visa holder should verify all major information, such as:
Why Is H-4 Visa Reform so Popular?
Their belief was that the current system needed improvement. With roughly 100,000 unhappy holders, the United States had an influx of immigrants who didn't enjoy their new country. Also, these people not working were also not paying taxes, costing the government millions of dollars.
What Can an H-4 Visa Holder Do to Solve the Problem?
Someone interested in going back to school can switch to the F-1 student visa. It not only allows for educational opportunities, but also liberates the holder to work on campus . Another option is to apply for an H-1B, just as the spouse has.
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 a family member be admitted to a non-immigrant?
Family members may alternatively be admitted in other non-immigrant categories for which they qualify, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B visa petition to employ the spouse.
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 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 ...
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.
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 are H4 visa holders concerned about?
Understandably, H4 visa holders are concerned about their futures and wonder if their employment opportunities will be revoked
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. 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.
What is an H4 Visa and an H4 EAD Visa?
An H4 Visa is a Visa issued to dependants (spouses or children under 21 years of age) of H1B visa holders. Spouses of H1B visa holders are not allowed to work with just an H4 Visa. There is, however, an option to obtain an EAD which allows you to work with an H4 visa.
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.
How to apply for H4 EAD?
All you need to apply for the H4 EAD is to fill out the I-765 Application for Employment Authorization form. This form and all the required documents listed below must be submitted to the USCIS. Remember, you can only apply if you are eligible.
Can a H4 visa be used for a spouse?
An H4 Visa is a Visa issued to dependants (spouses or children under 21 years of age) of H1B visa holders. Spouses of H1B visa holders are not allowed to work with just an H4 Visa. There is, however, an option to obtain an EAD which allows you to work with an H4 visa.
Where to submit H-4?
In lawful status in the U.S., submit the H-4 change of status application to a USCIS Service Center in the U.S.
Can you take up an activity until the change of status is granted?
However, you cannot take up the new activity/endeavor until the change of status is granted.
