What Is Immigration Status of H4?
H-4 immigration status refers to dependents of H-1B visa holders. An H-1B visa holder has authorization to temporarily work in the United States for up to three years on a single visa. Since H-1B visa holders often bring dependent family members with them to the United States, an H-4 visa authorizes those family members to accompany the H-1B visa holder during their authorized stay of employment.
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Eligibility
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According to United States Citizenship & Immigration Services, H-4 visa status applies only to immediate family members who qualify as dependents of the H-1B visa holder. These dependents include a spouse and children under the ages of 21.
Application Process
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H-1B dependents must schedule a visa appointment, along with the H-1B visa holder, at a United States embassy or consulate in their country of residence. Assuming an H-1B dependent possesses no previous violation of United States immigration laws or poses a security threat to the United States, then H-4 approval goes smoothly in most cases.
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Employment
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H-4 visa status prohibits employment in the United States. The authorization of an H-4 visa assumes that a sponsoring H-1B visa holder earns enough money to support each dependent and thus employment by an H-4 visa holder is unnecessary. Should an H-4 visa holder file for an adjustment of status, the first step in the permanent immigration process, then that H-4 visa holder becomes an adjustment applicant and becomes eligible for temporary employment through an I-765 Employment Authorization Card.
Changes to Status
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Although an H-4 visa holder comes to the United States in H-4 status, an H-4 visa holder is not required to remain in H-4 status. For example, an H-4 visa holder could apply for an F student visa to attend college in the United States or apply for an H-1B employment visa to pursue work opportunities in the United States. At any time, if an H-4 visa holder changes status and decides to no longer pursue that option, the H-4 visa holder may return to H-4 status as a dependent so long as any employment activity has ceased.
Extensions
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An H-4 visa holder always receives H-4 status for the duration of the H-1B visa holder's status. If an H-1B dependent applies for an H-4 visa at a United States embassy or consulate, no petition is necessary. However, if changing status from within the United States or extending H-4 status, then form I-539 must be filed to United States Citizenship & Immigration Services.
Supporting Documents
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Whether applying abroad at United States embassy or consulate, or applying for extension within the United States, proof of relationship between the H-4 applicant and H-1B visa holder is required. A spouse of an H-1B visa holder needs to provide a marriage certificate, while a dependent must present a birth certificate that shows the parental relationship of the H-1B visa holder or H-4 spouse.
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References
- Photo Credit liberty image by Paul Heasman from Fotolia.com
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Comments
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after getting my H1B visa, how long will I need to wait for my dependent to be granted of H4 visa? if ever can my employer petion me as H1B visa and H4 visa for my dependent at the same time?
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after getting my H1B visa, how long will I need to wait for my dependent to be granted of H4 visa? if ever can my employer petion me as H1B visa and H4 visa for my dependent at the same time?
