How long does it take to receive H4 visa?
between 2-12 monthsIn terms of H-4 processing time for a change of status in 2022, it takes between 2-12 months (this is not considering the processing times of consulates for the actual visa issuance).
Can we apply for H4 visa before marriage?
Your wife can apply for her H-4 visa directly at the consulate after you are married. The problem is that you must have proof of the legal marriage to show to the consulate, e.g., a certificate of marriage. You should contact a competent immigration attorney for advice specific to your situation.
What is the process to get H4 visa?
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.
How many months before we can apply H4 EAD?
No, you need to be in US and on H4 visa status to apply for EAD application. How soon can you apply for H4 EAD Renewal ? You can apply only 180 days before the expiry of your current EAD document.
How much is H4 visa fee?
$190The 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.
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.
Can my wife work on H4 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 I file H4 on my own?
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 H4 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.
Which is better H-1B or H-4 EAD?
The bottom line is that when uninterrupted employment is critical for a position and career growth, H-1B employment may actually be a better (or at least, safer) option compared to H-4 EAD employment.
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.
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.
Can you fill ds160 before marriage?
Can I fill DS-160 for spouse before marriage? No you should not submit it if you are not married.
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 can I apply for H4 visa for my wife in USA?
H4 Visa Process: How to Apply for an H4 VisaUS 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.More items...•
Can I file H4 on my own?
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 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:
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.
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.
Why is it important to have an immigration attorney?
Hiring an immigration attorney can help you save time, effort, and also money.
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.
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.
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 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.
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.
How much does it cost to get an H4 visa?
You should save your fee receipt as you will require this later. Currently, the application fee for an H4 visa is $190. Schedule a visa interview appointment with your local US Embassy or consulate. Having scheduled your interview, you will get a letter of confirmation, which again you will need to retain.
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.
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 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 is an ITIN number?
ITIN is a unique number given by IRS. It is only used for federal tax purposes and cannot be used to work. ITIN cannot be applied beforehand, you need the actual tax return to apply for it and it is used for claiming H4 dependent benefits of H1 visa holders.
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.
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.
Can h4 visa holders work?
The H4 visa holders can work if they apply for I-765 or employment authorization card (EAD).
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.
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:
What is Stilt loan?
Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. Stilt is committed to helping immigrants build a better financial future.
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.
How long does it take for a loan to be disbursed?
The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). Now you need to set up your repayment method. You can choose an autopay method online to help you pay on time every month.
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:
How many congressmen have signed letters to the DHS?
Since December, as many as 130 congress members have signed letters to the DHS in hopes of having a reconsideration of revoking the H4 EAD rule. As of May 23, 2018, the DHS filed an update stating their continual progress with trying to remove the H4 EAD rule.
What is often requested but not always needed?
Often requested but not always needed: a wedding album, wedding invitations, video of marriage proceedings, etc.
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.
What is the Trump Executive Order 13788?
Due to Trump Executive Order 13788 “Buy American, Hire American” (EO), the DHS has had to reconsider their position on the H4 visa EAD to align itself with the EO.
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.
What organization filed a lawsuit against the DHS?
This caused a threat to the employment of U.S. citizens. An organization called Save Jobs USA (Save Jobs) decided to file a lawsuit against the DHS. The lawsuit claimed the DHS did not have the authority to grant EADs to H4 visa holders and that the new rule did not protect U.S. workers.
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.
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.
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:
What Can a Person Do With an H-4 Visa?
The holder will enjoy several privileges available to American citizens. They can:
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.
Employment Authorization for Certain H-4 Dependent Spouses
Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:
Eligibility Requirements
Has been granted H-1B status under sections 106 (a) and (b) of the AC21. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation.
How to Apply
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.
Translations
If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. The translator must also certify that they are competent to translate from the foreign language into English.
Form Filing Tips
When filing Form I-765, please mail it to the proper location based on the chart below.
Validity of Employment Authorization
You will not be authorized to work until USCIS approves your Form I-765. Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. You are only authorized to work through the expiration date on your EAD.
Avoid Immigration Scams
Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. These same individuals may ask that you pay them to file such forms. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams.
