H4 Visa

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Overview

H4 visa is for the dependent family members of H1 visa holders who would like to join the H1 holder in the United States to stay for the H1 Visa period. Immediate family members like spouse and children under 21 yrs can qualify for this visa and can apply at the home country US Consulate.

If you are applying for your visa along with your spouse, who is applying for H1 simultaneously, then you can submit both of your applications together.

As a H-4 visa holder, you're not authorized to be employed in the US and are not eligible to get a Social Security Number. Although, you can get a drivers license, open bank account(s) and are eligible for an ITIN (Tax ID for IRS Tax purposes).

Documents for H4

Following documents are recommended for H4 stamping.

  1. Primary H1 holders I-797 approval notice (original)
  2. Letter from Employer of H1 holder dated recently to demonstrate job is still valid
  3. H1 holders W2 for past 5 years (If H1 is already in US)
  4. Last 6 months paystubs (If H1 is already in US)
  5. Primary H1 holders passport copy (least first, last & visa page)
  6. Marriage Certificate (English translation if in foreign language)
  7. Wedding Invitation Card (not necessary but a nice to have)
  8. Wedding Pictures (A small album with like 20 - 30 pics showing marriage ceremony)

FAQ for H4 visa

  1. What is purpose of your visit to US?
  2. What company does your spouse work for?
  3. Do you intend to work in US?
  4. Do you intend to study in US?
  5. Was your marriage arranged or love?
  6. How long did you know your spouse before marriage?
  7. How was the marriage arranged?
  8. How much does your spouse earn?
  9. What is the address in US you will be staying?
  10. Details about Inlaws and family?

Further info and discussions

H1 stamping post

Status of spouse after the death of primary applicant

H4 Spouse working on EAD

For working on EAD does my spouse has to leave country and reenter on AP?

"Reentering" on AP means you're entering without a status (AP is not a status, and being "paroled" by definition means being let in without a status), and dropping out of status is precisely what employment causes to a person holding H-4. There is nothing magical about entering with AP that confers some right to employment.

As noted above, she will drop out of H-4 status if she works (which is what parolees are; people with no immigration status), but since she has an AOS application pending, she will still be authorized to stay in the US. If she leaves and returns with a valid H-4 visa, she will be admitted as H-4, but then lose that status again if she works.
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