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.

Nonimmigrant Visas

Comments

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Submitted by Ashu mishra (not verified) on Wed, 06/08/2022 - 16:01 Permalink

Hi Sir, I have got H1B approval recently, and planning to go for stamping. Need clarifications w.r.t. dependants H4 visa stamping 1. From above comments, my understanding is H4 stamping can be done anytime, need not be together with H1B. 2. My wife has twice B1/B2 rejections before, Will this impact H4 stamping? Should we go together or one after another.

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You are correct. Unless the B visa denials were from fraud or misrepresentation, they should not affect the H-4. Going together would be better, if possible.

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Submitted by Srikanth (not verified) on Wed, 06/08/2022 - 16:43 Permalink

My wife currently in India and I have the H1 status and planning to go India in Aug. First I thought I would come alone and my wife can schedule interview next year, so I paid the Visa Application fee separately. I got the UID number after the MRV receipt activation. But I haven't scheduled the appointment yet as I didn't find any slots.

Now, I'm planning to take my wife along with me in Aug. So we've created DS-160 for her and In my Visa Appointment profile I added my Wife as dependent so that we can go interview together.

My question is, I have one fee payment receipt already activated for myself, now I just have to pay for one more person (my wife). So It will have 2 UIDs in total. When I schedule the interview after that, will it allow me to schedule the appointment as a single interview for both of us ? or since it has 2 UIDs, we have to schedule interviews individually ? Please Help!

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Submitted by Shaheena (not verified) on Mon, 06/13/2022 - 13:46 Permalink

I want to apply for h4 visa for my kid do I required birth certificate of baby or marriage certificate I want to apply h4 only for my kid not to my husband

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Submitted by Rajiv S. Khanna on Sun, 06/19/2022 - 10:55 Permalink In reply to by Shaheena (not verified)

You will need a birth certificate. You may not need a marriage certificate if you are on H1-B yourself.

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Submitted by Raghu (not verified) on Thu, 06/16/2022 - 23:09 Permalink

H4 and H4 EAD applied together with H1 premium. H1 approved and H4 and H4 EAD is pending. As there are huge delays in H4 processing. I applied for an expedite appointment at one of the Mexico consulate, travelled and got my visa approved. After I came back when I checked the existing application status, H4 and H4 EAD both are approved. Not sure is it because my Visa got approved due to which the existing applications are also approved or without any relation my original application got processed and approved. Can you please clarify if you can?

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Renuka Metukuru (not verified) on Fri, 06/24/2022 - 09:32 Permalink

Hi sir,

I am the primary applicant with H1b and my son is on H4. I have h1b Dropbox appointment for oct 22. I have booked for myself and my Son in H4 together thinking that I can reschedule as soon as something available in June or July. So far didn’t find anything to reschedule. I have to go in October but I cannot take my son who is going to middle school. How do I separate his ds160 from my appointment? please let me know on how can I use same appointment by removing H4 dependent applicant. Thanks in advance.

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Submitted by Niketa Rane (not verified) on Sat, 06/25/2022 - 23:28 Permalink

Hi, I am planning to travel back to USA with my daughter. I m on h1b visa and my daughter is on h4 whose primary h1 applicant is my husband. My husband need to stay back for his medical treatment. We all are done with our successful stamping. Will there be any issue at port of entry in usa? My husband is providing the consent letter and his supporting visa documents. We have been staying USA since last 7 yrs and returning back after Dropbox and stamping. Thanks

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Manisha (not verified) on Mon, 06/27/2022 - 02:40 Permalink

I am currently on H1B Visa in US. I wanted to know will my husband face increased scrutiny to apply for first time H4 Visa stamp while the wife is on H1B? I also have I140 approved. Can he say he will work in US after his EAD comes?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Ahilan (not verified) on Tue, 06/28/2022 - 14:38 Permalink

Hello Sir, Question on the stamping appointment for kids. I am the primary applicant having H1B and currently in USA. My spouse and 3 kids are under 14 yrs and they are in India. My wife is eligible for dropbox under the 48 months eligibility limit. In the appointment booking there is a question do you both parents have valid visa. Since Primary applicant(Father) only have valid visa now is that I can choose Yes and go ahead with and book dropbox for all 4 H4 in one go or Wife visa has to stamped and then create a seperate appointment for all 3 kids?. Please clarify.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sandeep Panjwani (not verified) on Wed, 06/29/2022 - 20:12 Permalink

Hi, We have been approached by a modeling agency for our kid, My question is my kid is on H4 and he is 9 years old. How to get an EAD for my child. We have I140 approved.

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Submitted by Keerthi (not verified) on Mon, 07/04/2022 - 10:25 Permalink

Hi,

My Husband had H1B visa (still did not travel to US). My self and our kids(4yrs, 11yrs) have our Visa appointment. Please advise if we need to take our kids for the biometrics and interview.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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Submitted by Harshu (not verified) on Wed, 07/13/2022 - 19:42 Permalink

Hi sir, I transferred my H1b from employer A to Employer B.

My wife H4 and H4 EAD with previous employer have expired . She has an approval for H4 and H4 EAD extension till July 2023(filed by previous employer) but no stamping on passport (i.e her previous stamps are expired). Now I have changed my employer. We are planning to travel to India and have dropbox appointments for both me and my wife. I can get a stamp (New employer H1b) since I am extending H1b. Can my wife also use dropbox and get stamped for h1b based on my I-797 with my new employer??. It will immensely help us to plan further. Thanks

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Ramya (not verified) on Tue, 07/19/2022 - 03:30 Permalink

I have bachelors in ECE and master in mechatronics (both in engineering ).Am I eligible to convert from h4 to H1B?

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Submitted by Arun (not verified) on Tue, 07/19/2022 - 23:19 Permalink

Can I create one standalone H4 stamping appointment for minor(less than 13yrs) with his own DS160 instead of tieing that application with parent’s appointment ?

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Kirti (not verified) on Wed, 07/20/2022 - 19:34 Permalink

Hi Sir, I was on an F4 visa from Sept 2015 to Sept 2021. I, a husband with 1yr old USC son, moved to London for a one-year contract. His H1 got picked n he did stamping of his H1 visa from Paris via postal, but didn't send my passport and now asking for a divorce and he will take my son with him. Question 1: What are the options I have Question 2: can I able to go to the US without stamping Question 3 : - I will not going to divorce him, but afraid if he book his n my son flight tickets to US and send me to India.

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Submitted by Kris (not verified) on Sat, 07/23/2022 - 22:25 Permalink

Hi Sir, My wife is on H1 and her extension is done for 3 more year, I am in H4 and my extension is also done, on an emergency if I go back to my home country what is the process for Visa stamping ? Do my wife also required to come home country with her extension documents ?

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Submitted by Sanjeev (not verified) on Fri, 07/29/2022 - 07:58 Permalink

Currently on L1B with max out in Feb 2023. Wife is on H1B with I140 approved. H1b due for renewal 31 July 2023. Have option to extend L1 by another 5 months until 23 July 2023 considering time spent outside US. Need guidance as to when should i file for H4 COS + EAD and what should be effective date, how to ensure that i take advantage of 540 day auto extension for EAD etc.

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Submitted by Deepthi Kalagara (not verified) on Sat, 07/30/2022 - 21:02 Permalink

I went for H1 dropbox appointment on July 22nd , my application status shows as ‘Application Received’ , My Kids drop box appointment is on 1st Aug , we have booked these appointments long back hoping that I would have my passport ready by the time of my kids appointment, But with the current processing delays looks like it’s going to take longer to get my passport, will this be an problem for my kids dropbox appointment or can we explain situation and submit my approved I 797 ?

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Submitted by Swetha (not verified) on Sun, 07/31/2022 - 02:06 Permalink

My husband is a h1b visa holder. He got his h1b renewed until next three years. His current h1b wil get expired in August. But the stamping is not yet done. Will that effect my h4 visa being granted?

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Submitted by Neha (not verified) on Mon, 08/01/2022 - 11:07 Permalink

Hi Rajivji,

I got my H1B approved and I applied for PERM LCA on MAY 15 2022, can my spouse apply concurrently for H4 and H4 EAD right now as processing time for those are 7-10 months? If everything goes well then I will receive approved PERM LCA around Nov 2022 and I am hoping to apply for I-140 premium processing around Jan 2023. My spouse's STEM OPT expires in Jan 2023 and we want to avoid employment gap for my spouse. What is the best way to do it?

Thanks a lot in advance

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Submitted by Hamid (not verified) on Tue, 08/02/2022 - 06:50 Permalink

Hi, I am applying for H1B visa stamp at London embassy. My 3 years old son's British passport is valid for another 2years and 2 months. However the H1B petition length is valid for 3 years. I am wondering would there be any issue with H4 visa length for my son? Does he get the visa for the 3 years period or will be cut short to the expiry date of his passport? In that case is there any way to extend his visa to the remaining of 3 years once it's time to renew his passport in the US?

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Submitted by Aditya Nagori (not verified) on Wed, 08/03/2022 - 23:44 Permalink

Hi Sir,

My H1B visa is expiring in October 22. I have my H1B extension approved till 2024 and I am planning to go to India for stamping in March 2023. My wife was on F1 and she has recently transferred to H4 visa through COS. She got her own I-797 for H4 approval. She also needs to go to India for her H4 stamping. Since it was hard to find visa slots for both of us together, we have created separates CGI profiles and got appointments close to each other. Her appointment is one week before my appointment. My question is since my current visa would be expired; would it create any trouble for my wife's H4 stamping. Should I go early and get my new visa stamped and then only we should schedule her H4 visa. Would it make any difference if we book our appointments together through same CGI profile?

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Submitted by Vijo (not verified) on Thu, 08/04/2022 - 14:14 Permalink

If a h4 lady give birth in US , the child gets US citizenship, right ??. So do the h4 Mother get h4 EAD or will she be able to apply for h4 EAD or the h1B father can apply for EAD in such a situation. If mother gets h4 EAD will she be able to work in US??

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Submitted by Rajiv S. Khanna on Sun, 08/07/2022 - 12:39 Permalink In reply to by Vijo (not verified)

Giving birth in the US provides no benefit to the mother in the short term. Only when the child turns 21 can he or she apply for parents' green cards.

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Submitted by khayyam (not verified) on Sat, 08/06/2022 - 14:20 Permalink

Hi i have a quick question I have three applicants 1 Adult 2 minor Do we need to book three slots or one is enough as they are under one receipt. Thanks

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

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Submitted by Ravi (not verified) on Tue, 08/09/2022 - 17:11 Permalink

My Wife and Kid have an appointment to get stamped on H4 as i have a valid H1 till Jan2023 and I am in USA. Now I just received a notification that my EAD card is approved for my GC. Will this impact in any way for my Wife and Kid's H4 Stamping?

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Mahesh (not verified) on Thu, 08/18/2022 - 13:12 Permalink

I am on H1-B with my I-140 approved .My wife is on STEM OPT extension and her OPT is expiring on May 2023. What the is the best to approach to move my wife under H4-EAD without having a gap in her employment . Applying for H4-EAD with a future start date work ?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by harish barsiwal (not verified) on Mon, 08/22/2022 - 15:04 Permalink

Hi, My son who came to us in july 06 2017 on H4 His visa was validate till july end, My employer forgot to file his dependent visa extension when we filed for my wife. I did file in 2020 and is valid till 2023. My and my wife GC got approved but uscis has wrong date in point of enter as july20-2007 instead of 2017, now they asked his legal status from the time he is in usa and also his EAD/ Passport/. will this be a problem for his ajudication of missing H4 status. I did submit my Approval of H1B.

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