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H-4 Visa Spouse & Children

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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.

H-4 to H-1B

My wife is in US on h1b. I am holding h4 visa and visited US for 2 weeks on h4 and return back to india. I am working in top MNC and they are planning to file my H1b for 2014. will H4 create any problem? or any less chances of getting H1b due to h4? Please suggest

H-4 to H-1B

I do not see how H-4 may create a problem for H-1.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H4 to H1

Hi I hold a H4 visa. Where ca I find agents who can help me convert H4 to H1.

H4 to H1

There are no agents that I know. You need to get a job and then the employer can help you (if they wish) apply for H-1.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H1B to H4 Transfer

I am on H1B & my wife also on H1B. After 3 months Pregnancy Leave My wife is planning to not to do Job and Transfer H1b to H4.
She will not have last paychecks copy for 3 months so will it be any issue in transfer?Do she need to start job again to get 2 paychecks copy ?

H1B to H4 Transfer

Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H4-H1B Change of Status on Maternity Leave

I am currently on H1B visa.I will be going on Maternity leave(FMLA)for 3 months from Dec2013 to Feb2014. I am planning to visit India for 2 months with the new born baby from March2014 till April2014. While in India, I will be going for H4 visa stamping based on my husband H1B visa and will enter USA on H4visa as it is going to be difficult for H1B visa stamping with a desi consulting firm. As I will be Cap-exempt,I will have my Employer apply for COS from H4-H1 immediately when I am back in USA.Can the H4-H1 COS be filed immediately once I am in US or will there need be a wait time(1-2months)

H4-H1B Change of Status on Maternity Leave

It may be prudent to wait more than 2 months.

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H-4 question

Hello :

i am on h1b visa , i am going to get married to a lady oversees in my home country via arranged marriage (she is not a relative and it happened that i know her for a while . I can not currently get out USA ,so My dad will sign the marriage contract for me .So she will be entering the embassy with the marriage contact as the proof for the marriage . TO your knowledge is their any other requirement (such as my presence with her , or wedding photos as some sites mention that sometimes they ask for some additional proofs . thx

H-4 question

Do NOT go this route. The marriage can be treated as fraudulent.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H-1B Extension

Hi Rajiv,
Me and my husband who is currently on h1b have applied for his h1b extension and got it approved but I did not still get my approval , but I got a notice on September 12th 2013 from USCIS that they have received my petition I just want to know when would I get my h4 approval notice and usually what is the time for h4 extension as I am planing to join university and I already have an admit with a a scholarship for Jan 2014 . Please let me know information on my issue .

H-1B Extension

Too many variables. I am sorry I cannot give you a meaningful response.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H-1 Visa Expiry

Hi,

I am on H1B visa and it is Valid till Sept 2014 (from F1 to H1 - So no exp date on I94). My wife has H4 Visa stamp in passport with exp Nov 2013 (I 94 Valid till sept 2014).
Does she has to apply for Renew?

H-1 Visa Expiry

I am a little unclear on your facts. Check with your lawyers. Generally speaking, status is governed by I-94, not visa.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H1B stamping after marriage

Hi, I will be going to India for H1B stamping. currently I am single but will get married before h1 stamping and will be doing h4 stamping for my wife. my question is what should be my marital status in DS 160 form, as currently i am single but i want to attend the visa stamping interview with her under family clause to get the stamping simultaneously. Please advice.

H1B stamping after marriage

You should state "single," if you are not married at the time of submitting the form.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Have a H1b transfer but employer forgot to renew H4

My new employer filed for my H1b transfer from previous employer but forgot to renew my dependent's H4. My dependent's H4 and I94 also expired. Our I485 was denied due to denied I140 but new employer filed for I290b. Do i need to apply for their H4 extension or my H1b transfer validates their H4 status. Do i still have to apply H4 status if we have a pending I290b?

Have a H1b transfer but employer forgot to renew H4

Maria, this can be a problem. Get a consultation with a lawyer ASAP. Someone needs to go over your case in detail to make sure no permanent damage is caused to your family's status. Unlawful presence begins once I-94 expires, but this may be stopped by a timely filed filed I-485. Then the unlawful presence begins again once I-485 is denied. 180 days of unlawful presence gets one a three-year bar from entering the USA. It is complicated.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Delay in H4 Extension Receipt number

Hi,

My H1 Extension visa is in processing with USCIS with a valid receipt number.My employer has applied for my wife's H4 visa extension whose I94 expiry date is 10/25/2013. USCIS has received the file on 10/10/2013. My concern is Will the on going US Govt shutdown going to have any impact on the arrival of my wife's H4 receipt number before the I94 expiry date? Ideally it should arrive within 7 business days. What if the receipt number is not received within the I94 expiry date?
Please advise.

Delay in H4 Extension Receipt number

As long as the H-4 filing was received by USCIS before the H-4 expired, you should be ok. USCIS is processing cases despite the shutdown.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H4 to H1 and back to H4

Hi
I entered US on H4 in 2008 & further ext’d to 6/12. In Sep’11, I’d a COS to H1 & was approved 7/12 (RFE delays). Due to delay in H1 approval, applied for H4 ext to maintain status. Got both H1 & H4 approvals shortly after. So I sent a letter to USCIS to cancel my H4 (valid to 6/15).
Worked on H1 for few months and took time-off with intention of getting back to work but couldn’t. It’s been 5 months I'm OoS. Now I want to convert to H4 with little to no issues. I didn't go out of US since 12/08. Any advice on what is the best approach to handle this? Thank you very much for your response.

H4 to H1 and back to H4

Join me in our next free community conference call. I need more info.

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Travel on H4

If my husband is in US and has H1 visa valid and he has applied for Visa extension. Can i travel on H4 before extension is approved.

Travel on H4

Depends. You may want to join our next free community conference call. I will need to understand the situation a little better.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Married in US, now COS B2 to H4 or F1

Hi, I am on H1B. The girl and her family came on B2 (6 months stamped), met first time, I liked her, families agreed and got married in US within 7 days of her arrival. I know I messed up this way, but secured her hand before her parents. Now, I don't want her to go to home country for stamping as I fear of visa rejection, etc., and considering COS. Can you pl. advise what is the least damaging or less risk visa to change for? Options I thought were F1 or H4, the later is the one which I am willing for, but not sure how this impacts. Pl. suggest me. Thanks and Regards,

Married in US, now COS B2 to H4 or F1

You will need a one-on-one consultation. This is not an easy situation.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H-1 Visa Expiring

Hi,
My H1 visa is expiring on September 18,2013.
My perm has been filed in the 6th year of H1b in April 2013 but is still in Process,
I am about to apply for I539 COS to H4 on my Husband's H1B.I started filling out the I539 form and stumbled at these: "Are you or any other person included on the application, an applicant for an immigrant Visa?"
"Has an immigrant petition ever been filed for you or for any other person included in this application?"
My perm has been filed but is still in process and i140 has not been filed yet so do i need to answer these with a Yes or No.
Thank you.

H-1 Visa Expiring

We can not provide assistance in filling forms, but, I can tell you this, as a matter of immigration law, PERM is NOT an immigrant visa application; I-140 is.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Regarding Divorce between H-1B and H-4

Hi Rajiv,
I m planning to give divorce to my wife because of some issues. I got married before 6 month in India & come back to US on H1b.She got her h4 visa but she did not come to US yet
1If I hav to divorce her while she still in India what is the process of divorce & how can I cancel her H4?
2if she joins me in US on H4 & in case if we decide to take divorce after few month what is the process in US & how can I cancel her H4?
3Will it create more complexity to give divorce in US compare to India?
4 If I re marry to other girl in India,Will there be any restrictions to get her new H4 visa?

Regarding Divorce between H-1B and H-4

All your divorce related issues need to be addressed by domestic relations lawyers. Future H-4 should not be an issue.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Applying for H4, F-2 rejected earlier

Hello,

I work in USA currently on OPT, but my H-1B will start from Oct 2013. My wife, never visited USA, has applied for F-2 visa which was rejected in Jan 2013 and Feb 2013. Since then, we waited till Oct 2013 so that we will go to get stamping for H1 and H4 together.

1) How the previous two denials will affect my case?
2) I want to go through a lawyer or a consultant and take his advice? Can you suggest one?
3) What best advice can be given for my case. If this time, H4 is denied, I have to go back to India forever.

Thanks,
Shekhar

Applying for H4, F-2 rejected earlier

As long as the previous denials were NOT based upon fraud or misrepresentation, they have no affect on H-4, Shekhar ji.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

H4-H1 conversion

Hi,

I have a valid H1B visa until Nov 2013. and I am planning to extend my H1. In the meanwhile I am planning to convert my spouse's H4 to H1B after conversion..
What are the necessary steps to be taken for the conversion.

How good a conversion goes positive ?

Thanks
CS

H4-H1 conversion

A "conversion" is substantially the same process as any H-1: new, transfer, extension.

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H4 visa application before marriage

Hi Rajiv, I was wondering if it is possible to fill out the DS-160 form for H4 before marriage? I want to travel back to the US with my wife after marriage but I won't have too many days in India after marriage in order to schedule a visa appointment which is why I want to schedule it well in advance. What are the alternatives?

What are your thoughts about a court marriage 3-4 months before the actual wedding ceremony? Would a court marriage without wedding invitations and wedding album raise red flags during the interview?

H4 visa application before marriage

Hmm. I would suggest you email the consulate and ask them the same questions. I see no issue with any legal marriage.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Canadian citizen and living in USA on H-4 visa

i am Canadian citizen and i am living in USA in h4 visa. I studied in ultrasonography. Now my question is can i get a job in usa.

Canadian citizen and living in USA on H-4 visa

Look into TN visa and H-1 visa for the next fiscal year.

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Regarding H4 Visa with Transfer

Rajiv, I need an advice on H4 stamping for my wife and kid (which is new born) on transfer. My spouse is stamped with h4 visa from a Employer X. I transferred my H1 to a new Employer Y and got approved 2 months back. My spouse left India before my transfer for her pregnency,Does she requires a new stamping with the approved I797 with Employer Y?, If not, How can I get my new born with H4 Stamped?.

Regarding H4 Visa with Transfer

Your change of employers does not require her re-stamping of H-4 visa. Child's H-4 would would have to be applied at the consulate.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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