H-4 Visa
H-1 to H-4
Question details
My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4).
1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B?
2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4?
3) How long does it take for change of status from H-4 to H-1?
1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.
Status of H-4 Dependents When H-1B is Denied
Question details
If my H-1B petition is denied by USCIS, or withdrawn by my employer, what happens to my H-4 dependents?
If you are no longer in valid H-1B status, your dependents’ H-4 petitions will no longer be valid either.
Guestbook Entry for Nakul Saluja, India
Name
Nakul Saluja
Country
India
State
Delhi
Radio Show, 2013 June 26
Immigration Law
Applying for Spouse after H-1B Approval
Question details
I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?
The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.
Exploring Other Options During H-1 Transition
Question details
As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
- Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
- I have a tourist visa that is valid till 2016- can I take advantage of this?
- Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?
You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you.
Applying H-4 Visa for Spouse During H-1 Processing
Question details
My company is processing my H-1B application. Is there any information regarding dependents that will be accompanying H-1B applicant to US at the of filing petition ? What is the process to apply for dependent visa (H-4) for my spouse?
If you are outside USA, only H-1 is processed here. H-4 is done at the consulate when you go apply for H-1
Last Name Change for H-4 Visa
Question details
My passport is getting expired shortly and I need to renew it as my visa has the maiden name. I wish to change the last name in visa. What is the procedure to change the last name?
As far as I know, you will have to apply for a visa again. To change the name on a U.S. visa that has already been issued requires a new application. But if you carry your old passport (which has the old visa), with the new passport and your marriage certificate, you should be allowed entry.
SSN for Non-working Purposes
Question details
I am on H-1B visa and my wife just received her H-4B. She is not allowed to get SSN as this is only for people who allowed to work. I need to get her TIN (TAX Identification Number) but not sure where to start as I have been told she needs TIN for Driver licensing and open Bank account.
Dear Rajiv Ji, I am really happy to inform you that our H-1B/ H-4 interview at US Embassy, New Delhi was successful and that we both have received our stamped passports from the Embassy too. I would really like to thank you for all your valuable guidance and help. Thanks again! Nakul