H-4 Visa Spouse & Children

Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.

Comments

Submitted by Heena Gandhi (not verified) on Mon, 09/20/2021 - 14:43 Permalink

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. The current situation has opened a new era of remote job opportunities in my field and as I have a vast experience, I want to explore if I can work with an Indian company (with no connections to US companies) remotely where I would be getting salary in Indian rupees. I also intend to pay taxes in India and show that as a foreign income here in US. Can I do that?

Submitted by Rajiv S. Khanna on Mon, 10/11/2021 - 08:21 Permalink

You need to speak with your own lawyers or seek a formal consultation with us.  Use the "contact us" form to get in touch with us.

Submitted by Keerthi Vishal (not verified) on Sat, 10/23/2021 - 14:05 Permalink

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. H4 EAD application seems to be taking 8 to 13 months, and we would like to apply for it as soon as possible.

Submitted by Sushmitha (not verified) on Thu, 11/18/2021 - 12:23 Permalink

Hello,

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.

Submitted by Sreenath (not verified) on Mon, 12/27/2021 - 09:42 Permalink

Hi,

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. Recently, My wife H1B petition got approved through her employer and planning to enter USA on H1b petition. her H1B visa stamping is in progress.

1. Would my both kids will have 2 H4 visa ? One is with my petition and another one with my wife petition?. Please clarify.

Submitted by Jey (not verified) on Tue, 01/11/2022 - 04:56 Permalink

I have couple of questions my kid was born last july in india neither me or my wife have valid visa stamped in passport im in US with a valid I797. I have my wife dropbox appointment at jan 18. I have my kid consular appointment at feb 2. I booked his appointment as consular as the current wait times for appointment is very long and wanted to bring them to US soon. Does my wife need to goto the appointment on Feb 2 with her original passport or a copy of her passport is still fine?! Can anyone else go instead of my wife with a authorization letter.? Kindly advice.

Submitted by Rajiv S. Khanna on Wed, 01/12/2022 - 12:16 Permalink In reply to by Jey (not verified)

I am not sure I understand.  You may have to expand on what you are trying to do.

Submitted by Jeyamurugan Sp (not verified) on Wed, 01/12/2022 - 13:11 Permalink In reply to by Rajiv S. Khanna

Hi, Im trying to get visa stamping for my kid. The appointment is in Mumbai my wife has to travel from tamilnadu. Seeing the current Covid surge I want her to avoid traveling with new born if possible. My wife has her drop box appointment on Jan 18 in Delhi. She has sent the documents to one of my friend who will drop in the documents for her. For the appointment in Mumbai I want to know if she needs to go in directly to consulate or we can send the documents through a friend. If she needs to go directly does she need to take her original passport as well along with her or a xerox copy is fine since there is no guarantee that the passport will be received Feb 2 appointment.

Submitted by Navneet Kunar (not verified) on Sat, 01/22/2022 - 11:43 Permalink

My question is that I have to take H4 appointment for my 1 year kid who is having birth certificate in Spanish language as he took birth in Uruguay but he is having Indian citizenship. Now when he will appear for appointment they do asked about his birth certificate, is it fine to present birth certificate in Spanish language or do I need to translate into English?

Submitted by Rajish Pillai (not verified) on Mon, 01/24/2022 - 08:09 Permalink

Greetings for the day!!

I am first-time H1B approved (no previous VISA) and planning to travel US with my spouse and 2.5 years kid as dependents (H4)with me. I have the following query regarding slot booking for Biometric and Consulate appointments.

1. Is One slot for each biometric and Consulate appointment enough to handle mine (H1B) and my family case (H4) together? 2. Or should I book separate 3 slots each for Bio and Consulate appointment 3. How many days difference is allowed between Biometric and consulate appointment?

Regards, Rajish Pillai

Submitted by Bhaskaran (not verified) on Sun, 01/30/2022 - 00:38 Permalink

Hello, I have H1 VISA (Currently in India on vacations). My wife has completed MD (medicine) from India and currently doing senior residency from Govt. medical college. I am confused about what to mention in primary occupation while filling DS160 for wife. If I fill Medical/Health as occupation then do US govt will ask for NOC ?

Regards, Bhaskaran

Submitted by Rushabh Papinwar (not verified) on Mon, 01/31/2022 - 14:21 Permalink

I am into 3rd year of H1B, my I797 expires on Dec 2022. I want to know if my dependent(H4) goes for an interview now, would she get H4 visa till Dec 2022 or would she get 3 years of Visa.

Submitted by Rahil (not verified) on Mon, 01/31/2022 - 14:49 Permalink

Hi Sir,

I have received approval for H1b visa, im about to book slot for H1B interview along with my wife I would like to endorse only my wife H4 not children, can I do?

And later can I apply for children in future

Thanks

Submitted by Ravi (not verified) on Sat, 02/05/2022 - 18:53 Permalink

My spouse and kids are going for drop box in Chennai. We have got appointment for my spouse along with the kids. We have added kids application to the primary applicant. Neither me nor my wife has valid visa but we have latest I797 approved. Is it something that children would get stamped only after my primary H4 applicant getting stamped? Or all will get stamped as children application is tagged to primary applicant.

Submitted by Abhay Kottawar (not verified) on Tue, 02/22/2022 - 17:32 Permalink

Hello,

these days I am hearing a lot from many groups that if you are into a situation below, then you will need to book separate drop-box appointment for H-1B minor. Can you please help me with validating on if this stands true? if so, I do not see any special instructions in US embassy's website. Please advise

My situations is as below

1. Primary spouse has got valid I797 and staying in USA along with dependent H4 spouse and H4 minor 2. Visa of all the 3 applicants had been expired in 2017. 3. Got drop-box appointment under the waiver program for all the 3 including H-1B and H4 Minor and H4 Spouse together at the same time and date 4. Planning to travel to India due to family situation and will need to wait for visa stamping 5. What we have been hearing is that in case if H1B or H4 dependent spouse, both holding expired visa, then it is necessary that one of them get stamped with a valid visa for the H4 minor to get stamped 6 Many people have faced this issue very recently and were required to schedule another drop box for H4 minor once they could hear H1B OR H4 dependent visa approval/stamping.

Thank You, Abhay

This question is enmeshed in procedures rather than law. I'm not sure of the answer offhand. I suggest you contact the US consulate via email for a definitive response. Normally, they do respond to emails.

Submitted by Urvashi Ghundiyal (not verified) on Fri, 02/25/2022 - 16:07 Permalink

Hello Sir,

My name is Urvashi, I am on H4 visa. My husband has valid H1B. We scheduled Dropbox appointment for my daughter and I for April 2022. Today my agent (visa services) informed me about the criteria for minor which is stated as below:

Eligibility criteria for children under 14 years of age: I am applying before my 14th birthday.

Note: Children under 14 must submit photocopies of both parents' passports' biographic information and valid U.S. visa page.

My question is: 1 Is this criteria real? I mean we have never seen or heard of this before? ( both parents to valid visa)

2. Do I need to reschedule my daughter’s appointment after I receive approval.

Please suggest

Submitted by Guest User (not verified) on Fri, 02/25/2022 - 17:34 Permalink

Me and my wife both work in the US and hold valid H1B visa. My wife had to travel to India due to some family emergency and our kids were born there. The visa appointments are over 9 months out right now. What options do I have to bring back my kids to the USA? Do my kids qualify to apply for an emergency appointment due to family separation?

Submitted by Kalyan (not verified) on Sat, 03/05/2022 - 17:00 Permalink

I am in USA and got H1 Extension got approved while my spouse/kids are awaiting. So, can H4 Visa stamping be done in India if the H1 of the husband is approved in premium processing but the I-539/H4 of the spouse/kids are not yet approved or still in processing.

Submitted by Samrity Abbott (not verified) on Sun, 03/06/2022 - 01:42 Permalink

I am a single mother of twins ( 12 years old boy and girl) working on H1 B since Oct 2020. My kids are in India. I came in 2017 on F1 visa ( stamped on my passport) and afterwards got H1B. I have I797, H1B is not stamped as I didn’t go to India because of pandemic. I want my kids to come and stay with me for the time I am on my H1B. Will they qualify for interview waiver or they have to appear for interview. As a single mother, will there be any problem bringing them here. I have divorce copy and custody documents from Indian court and on their passport and adhaar card (Indian ID Card), I am the single mother. Thanks in advance for your answer and advice

These are two separate issues. It does not appear offhand that the children qualify for an interview waiver. Do contact the consulate for both these issues: interview waiver and travel. Additionally, contact the airlines for what their travel requirements are for children of divorced parents.

Submitted by Rajesh (not verified) on Thu, 03/10/2022 - 12:20 Permalink

I have H1B visa petition approved from employer A in India Sept-2020. My petition is valid till 2023. I have changed employer from A to B. I got employer who can transfer my petition. Is this possible or i need to ask him file my petition fresh.

Submitted by Rajiv S. Khanna on Mon, 03/14/2022 - 08:45 Permalink In reply to by Rajesh (not verified)

I'm not sure I understand the question but note that you cannot begin working for a new employer in the United States without a transfer.

Submitted by Priya (not verified) on Thu, 03/10/2022 - 18:08 Permalink

Hi I am h4 visa.can I write or translate a book and while Ian on h4 visa. Earning will go in Indian account and will file tax. I read that income from royalty is ok but if income from writing (not a salaried employee) is legal? What are my options?

Submitted by Raj (not verified) on Sat, 03/19/2022 - 16:35 Permalink

hello Sir, my daughter turned 14 and she is H4 dependent currently in US, we have to go to India and get visa stamping. we already have I-797 approved till 2024. so question is: currently there is interview waiver going on so does it apply to 14 year old too or she has to go for in person interview? I have filled DS160 for both of us but it doesn't ask for any in person interview? do i need to submit ds160 separately for her and see if she gets interview waiver or have to appear in person?

Submitted by Balambigai Ramadurai (not verified) on Mon, 03/21/2022 - 07:07 Permalink

Hello Rajiv Sir, Dec 5, 2020 - last day of work with my H1B employer working at my client place Dec 12, 2021 to feb 8, 2021 H1B Employer arranged 3 rounds of interview with LinkedIn unfortunately didnt get job. employer didnt pay during bench Feb 8, 2021 signed and submitted H4 application to spouse attorney. he confirmed that he is filing the next day. March 11, 2021 My spouse asked for receipt information as we did not receive receipt from uscis - there was no reply from attorney April 7, 2021 My spouse again asked for approval/receipt # for H4 application. USCIS gave April 7, 2021 as received date and later denied my petition that I'm out of status since i didnt apply in right time. Denial notice came on Nov 15, 2021. Left United States to India on Dec 23, 2021. (Note: My H1B I-797 valid until june 30, 2023)

Came to india with 2 USC childrens 7 and 9 years old they education is stopped for last 3 months. Husband got into infedility and asking for Divorce. Not giving Papers for H4 stamping. I have my I-140 approval can I apply for compelling circumstances EAD?

Please Help!

Submitted by Anusha (not verified) on Tue, 03/22/2022 - 01:09 Permalink

Hi, Could you please clarify my question - if only father is having valid H1B visa approved and currently in US, and myself(wife of H1b holder) having H1b visa approved but stamping not yet done.So is my child eligible for drop box for H4b visa as I do not have visa stamping done?Please clarify me if only his fathers passport and visa copy is fine and he is eligible for dropbox or not

Under the law, there is no requirement that an H-1B visa stamping must already be in place for an employee working in the United States before their dependent can get an H4 visa stamping. The consulates can insist on an H1B visa stamping first, but they usually do not. About the dropbox requirements, you will have to check the recent procedures on their website.

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