H4
Just would like to know that how soon can a spouse and children apply for a H4?
There is no time limit. As soon as you get an H-1.
Just would like to know that how soon can a spouse and children apply for a H4?
There is no time limit. As soon as you get an H-1.
I am on J-2 visa. This is likely to expire soon due to my spouse changing her visa from J-1 to H1.I want to apply for H4 if I can travel outside USA during the application(processing) period.
If you travel during change of status, the request for COS is deemed to be abandoned.
As many of you know, SEVP and its partners at the Department of State (DoS) have been working toward a two-phase deployment of SEVIS II. Phase one, the creation of customer accounts and the migration of school and sponsor records, was planned to start in March of this year, and phase two, full operating capability, was planned to deploy in October. This schedule has changed. For the reasons described below, a final decision on the schedule has not been reached. However, we can say that SEVIS II will not be deployed this year.
My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012
My questions :
1. Do I have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ?
2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?
Your current H-4 status and visa remains valid and can be used for travel. Each time, your husband changes jobs, you do not have to apply for H-4 until the time the H-4 is about to expire.
My I -485 is pending since 2007, on EB3. My I-140 approved in Nov 2007. I did not for I-485 for my spouse and dependents as they were not in USA. I am working on EAD and I do not have H1B. My Question is can I apply for H4 visa for my spouse, as I am legally working on EAD? I heard that people on student visa can bring their spouse on dependent visa.
You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.
I am working in USA on my H-1B right now and my wife is on H-4B. My H1 is valid until 2013. I am planning to leave my job within next few months. After that, we want to visit entire USA for few months before I go back home. Can I change from H-1B(for myself)+ H-4B(for my wife)or B-2 Visitor for both?
You can and should apply for B2 for both.
I am currently on H-4 (my visa expires 31st sept, 2010). I am 23 yrs old. I understand that the laws states that over 21 you are no longer on H4 visa. But in my case the immigration has issued me the visa for the date mentioned above. How do I go about ?
The general rule is - we should not try to take advantage of an error made by the govt.
Right now my wife and I am on advance parole, In 2005 what happened was, when my H-1 and my wife’s H-4 came to renew ,the attorney forgot to renew my wife’s H-4 so she was out of status for about two months later he filed it everything was alright.So my question is can she go to India with advance parole and come back, will there be any problem?
If her I-485 was pending, she would not be out of status.
We are the parents of a minor (5 months) old U.S.Citizen daughter who is currently in India. We need to take our daughter to the U.S. for her 6-month vaccination doses. My H-1B visa and my spouse's H-4 visa need to be renewed, but unfortunately, there are no dropbox appointments available in any city. Is there a way an exemption can be made for our travel? I am a civil engineer who has built commercial facilities and will be building more commercial facilities in California, USA.
You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Thursday, September 30, 2021:
FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.
I want to change my status from H4 to F1 and assuming that it would take approx 3-4 months. If I apply for COS today, I make a trip to France (I am French citizen) next week, can I re-enter US on my valid H4 visa? Or do I have to wait until F1 is approved, get it stamped in Paris and then re-enter US?
You do NOT need USCIS approval to apply for F-1 visa. Just apply for F-1 visa during your visit to France. Ask the school to explain the formalities to you. By the way, if you leave USA during a COS request, the COS is deemed abandoned.
I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?
1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.
My wife's H-4 got rejected under section 214(b) recently and interview went for less than minute. Should I apply again ?
In my view, H-4 cannot be denied under Section 214(b). This is an error. Apply again.
My husband is on H4 with an I94 valid till June 17, 2011 and I am a H1B visa holder with a valid petition document. I am planning to go for a vacation. Will it be a problem if I leave my husband (dependent) in US and go for a vacation and come back in 3 to 4 weeks?
A few weeks absence should create no problems for your dependents.
My previous employer didn't file for my wife H4 when they filed for my H1B, which made her out of status from Sep 2002. I got to know that Rajiv's office did help the clients with H4 issues. That is when I decided to try with them. We filed for my H1B (7th yr extension) and my wife H4 at the same time in Oct 05. We requested to give the status from Sep 02 - Jan 07. USCIS approved both H1B and H4. But they gave her status from Jan 06 - Jan 07, which means she was still out of status from Sep 02 - Jan 06. Then we decided to file for MTR and we filed MTR in Nov 05. USCIS responded to MTR in Sep 06 with RFE. We sent response to RFE and they gave status from Sep 02 - Jan 06, which means my wife got full status.
All this couldn't have happened with out strategic thought process Rajiv/Jitesh and their team has put together. We are extremely happy about how our case has been handled from day one we chose to hire Rajiv's law firm. My special thanks to Rajiv/Jitesh/Ursula/Anna and their team for answering all my questions at different stages of this. In future if I need any immigration help I would definitely go for Rajiv firm. If anybody has any help needed about immigration I would highly recommend Rajiv firm.
I want to thank the Law Offices of Rajiv S. Khanna for their excellent work with my H-4 petition. Mine was a difficult petition but the office prepared all my paper work within a week and I received my approval in 3 months. I also want to thank my case manager Ursula for her thorough work with my case.
Happy to see our 485 approved.
Really appreciate the help, guidance provided by all the staff from Law Office of Khanna's in the process.
This is the buzz going around in techie town. If you have already heard it then pl. ignore if not this is interesting.
A techie based of Jersey goes to India to visit his family recently. Techie is assumed have lived in the US for quite some time. He is currently working on his work permit as an alien worker. Techie also has a temporary un-approved/un-guaranteed green card called the EAD.
While re entering an immi-officer that if they can call his manager. Techie then hands all the contact information. Officer gives him a call and asks if they really need a H1B worker for his position. Officer also ensures if the H1B possesses exceptional skills. Manager replies back with a YES!
Officer then calls an office that could tell how many citizens posses the same skill and are unemployed. Officer is told numerous unemployed. Officer now decides to send the techie back. Techie then pleads that he has a house on mortage, a car out of a loan. He needs time to return. Officer then grants him a month on a visiting visa. Techie once again pleads and successfully bargains a 3 month on a visitor visa to return back.
If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.
Discussion Topics, Thursday, November 14, 2019
FAQs:
Can H-1B lay off 60 days grace period be taken only once or can it be taken multiple times?
If one H1-B extension is filed and pending, can transfer to a new employer be filed? Is this safe?
If I move to H4 and my H4 is pending for approval, can an H-1B be filed? Is this safe ?
Procedure and time to get a green card for the spouse of a green card holder
Can we apply 2 H-1B transfers while my extension with same employer is in process with different client? If the extension is denied, will other two transfers will be denied?
AC21 portability before 180 days
OTHER: I have my I-140 approved and it has been over 6 months. If I change my job, do I need to go through the entire I-140 process again? || Withdrawing N400 || TN visa derivative for boyfriend || Naturalization, absence of 6 months || Using old H-4 visa stamp || L-1 amendment || EAD delays || F-1 visa stamping || Receipt lost
Discussion Topics, Thursday, May 9 2019:
FAQ: Traveling while H-4 and EAD is pending || Working for two employers on EAD
Other: Visitor visa extension || Cross Changeability in EB3 || Port old Priority date || Re-enter on H1B before the EAD/AP is adjudicated || Premium processing for EB2 I-140 petition for national of India
FAQ's: H-1B unpaid leave or time off, What to expect from H-4 EAD revocation, Options for career or school - while employment-based green card is pending, Impact on green card of job promotions
August 08, Discussion Topics
-DOB in Passport different from Birt Certificate
-Impact on I-140 if company closes
-Change of status from F-1 to H-1 denied
-Difference between AR-11 and I-865
-Investor Visa process
Discussion Topics, Thursday, 22 August, 2019
FAQ: Changing Employer after receiving Employment Based Green Card || Working on EAD after H-1B denial ||Name discrepancy issue
OTHER: H-4 EAD || EB-3|| LGBT Community Issue|| DUI
Discussion Topics, Thursday, 19 September, 2019
FAQ: Effect of H-1B approval on H-4 EAD || Travel during H-1B amendment and using old employer's visa stamp || For how many years is the H-1B quota exemption valid? || Can a GC pending EAD holder move locations?|| Should I maintain my H-1B after filing I-485 Adjustment of Status || Nonimmigrant visa for a partner in an unmarried gay couple || Impact of multiple pending H-1B
OTHER: Multiple H-1 and H-4 pending || H-1B holder and F-1 holder getting married|| Consequences of simultaneously two H-1B approvals || Impact on green card if working for two employers || Impact of withdrawing LCA || Cross chargeability spouse not present at I-485 interview || Expediting EAD || Working a US job from Canada remotely || Can an employer refuse to produce tax returns? etc.
Our GC process fell apart when the company was closed which put us out of status since my huband and i were on EAD and Rajiv and his team helped us in get our H1-B and H-4 visas. We had made some mistakes in the filing of my H1-B and so was denied and was at a risk of having to go back to India since i was out of status but it was a diffcult option since i was pregnant so with the help of Rajiv's team i was able to get my H4 with an i94 and did not have to travel back to India. I thank Anna, Judi, Jagbir and everyone else who worked on our case.