H4 Dependent Visa

H4 Visa Details:

The H4 dependent visa is available for accompanying family members, including spouse and children under the age of 21, of H-1 and H-3 visa holders. The H4 visa holders can reside in the United States as long as the H visa holders maintain their legal status.

An H-1 visa is a non-immigrant visa that allows a person to temporarily work and live in the United States for up to 6 years. The H1 visas are issued to individuals with advanced degrees/special skills. The H-3 visa is issued to the individuals who want to enter the U.S. to engage in a training program.

The H-4 visa holders are also allowed to change or “adjust status” in the USA. Since this visa is a derivative of the H visa, any change in status to the H visa should cause a change in the H4 category. The H-4 dependent visa extension must be filed at the same time when the H-1B Visa extension filed with the US Citizenship and Immigration Services (USCIS).

H4 Employment Regulations:

Under any circumstance, H4 visa holders are not authorized to earn income in the U.S. To be precise, an H4 holder can not be employed while in the U.S. If the visa holder desires to work in the country, he/she must obtain a work visa, which is a non-immigrant visa that allows the person to temporarily live and work in the U.S. Foreign nationals who start employment without the proper visa are breaking the law and may be expelled.

Studying:

H-4 visa holders are allowed to full time or part time study during their stay in the United States.

Documents required for obtaining H4 Dependent Visa:

In order to apply for an H-4 visa, the dependents must have the following:

• A valid passport;
• Completed Form DS-156 (non-immigration visa application), which must be submitted by all nonimmigrant visa applicants. Each applicant must submit separate application form;
• Completed Form DS-157 (supplemental non-immigrant visa application), which must be submitted by all male applicants who are between the ages of 16 and 45, no matter nationality and where they apply;
• Original receipt (issued by the bank) of application fee;
• Copy of interview appointment letter;
• A photograph;
• Original Birth Certificate of the applicant, if the applicant is below 14 years of age;
• Original marriage certificate;
• Wedding photo album;
• Copy of H visa holders' passport (complete 36 pages); and
• Copy of principal H1 and H3 holders approved petition I-797, form I-129 and LCA (labor condition application).

Where to apply for H4 visa?

If the applicant

• is currently in a lawful status in the United States, submit the H4 application to a USCIS field office.
• resides outside the US, submit the H-4 visa application to the nearest US Consulate where he or she resides. Visit US Embassy and Consulate Website Locator page to know your nearest US Consulate.

Processing Time and Filing Fee:

The H-4 processing time is the same as the principal H-1 applicant. The processing requires a CIS Filing Fee of $200. Acceptable forms of payment may differ by US Consular Office. Consult your local office or service center to find out which forms of payment are accepted.

In India, all fees must be paid by bank demand draft (DD) only, which should be made payable to the relevant American Consulate General. Separate DDs are required for the visa application and issuance fees. Applicant’s name and passport number must be written on the back side of the demand draft.