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H-4 working in the US on her Indian business
Question details
My status: H1B + i140 approved (6 months completed)
Wife's status: H4 (applied for H4-EAD in July 2024)
My wife has a small business In India that she operates from here. She is currently in India (has been in India since Nov'24) and is traveling back to US (Jan'25) via Abu Dhabi.
1. Is she allowed to work for her India company in US? Everything she earns is in INR
2. If asked at port of entry, do you work in India, should she say yes or no?
FAQ Transcript
An H-4 visa holder operating a small business in India from the U.S. could potentially violate their visa status, even if earnings are in Indian rupees. At the port of entry, honesty is essential—lying could lead to a permanent U.S. entry ban, which is hard to waive.
While it's unclear if this constitutes a status violation, it’s a borderline case. To avoid risks, it’s advisable not to engage in such activities while on H-4 status.
Withdrawing pending I-539 after H-4 visa stamping and new I-94 issuance
Question details
My spouse traveled to India and successfully completed her H4 visa stamping at the US consulate, which is now valid for next 2 years. Prior to her departure, she submitted an I-539 application for an H4 extension with USCIS. However, since she is returning to the United States, she will receive a new I-94 upon her arrival. Given that her I-539 application is still pending with USCIS, I would like to know the process for withdrawing the I-539 application.
We have filed her I-539 application online and it is still pending with USCIS.
We want to avoid any potential conflicts with her I-94 status in case USCIS approves her application after she arrives back in the US (new I-94 that she will receive at port entry and old I-94 if USCIS approves).
FAQ Transcript
If an I-539 application (likely for H-4 extension in this context) is pending and the applicant travels outside the US and obtains an H-4 visa stamp, the pending I-539 is automatically abandoned. However, it's advisable to formally withdraw the I-539 to ensure clean records. To do this, the individual should contact USCIS customer service and request the withdrawal. They may be instructed to send a notarized letter, or it might be possible to do it over the phone.