Immigration.com

H-4 Visa

Can I apply for H4 visa for spouse while on EAD?

13 years ago By Chief Editor
Question details

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.

H-4 Visa and Status Validity

13 years ago By Chief Editor
Question details

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.

OPT - H4 - H1

13 years ago By Chief Editor
Question details

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.

COS from H-4 to F-1 visa

13 years ago By Chief Editor
Question details

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.


 

Guestbook Entry for Tulasi J, United States

13 years ago By Anonymous (not verified)
Name
Tulasi J
Country
United States
State
Kansas
Comment

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.

H-4 Visa Stay in US

13 years ago By Chief Editor
Question details

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.

Advance Parole

13 years ago By Chief Editor
Question details

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.

H-4 visa and age

13 years ago By Chief Editor
Question details

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.

H4

13 years ago By Chief Editor
Question details

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.

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