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What is an H-4: An H-4 visa is issued by the US Consulate to "family members" of an H-1B holder. The INS defines "family members" as the spouse and unmarried children under twenty-one years old of an H-1B holder. An H-1B holder's parents are excluded from the ambit of this definition and do not qualify for an H-4 visa.
How to apply:Unlike other visas such as the H-1B, L-1 or the B-1, which is a fairly long and complicated process, the H-4 visa is easily obtainable as it is issued directly by the US Consulate. The visa automatically grants H-4 status to the spouse of an H-1B applicant. No separate papers or application needs to be filed with the INS on behalf of one's spouse. The H-1B holder's spouse must merely possess a valid passport and approach the Consulate with a copy of the original visa stamp of the H-1B holder and other relevant documents (discussed later in this article) for the Consulate to sanction the visa.
The documents that an H-4 applicant must have to get the Consular officer's stamp are:
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Completed visa application along with the applicable draft amount.
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Passport.
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Visa size (37x37mm) size photographs.
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Marriage certificate.
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4-5 marriage photographs. The snaps must be clear; the bride and the groom should be easily identifiable.
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Sample of each side's marriage invitation card.
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If after marriage your last name has changed, endorse the change in the passport in advance.
In addition, the applicant needs to furnish the following documents:
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A copy of the spouse's H-1B visa and passport.
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Copy of the H-1B visa petition originally filed with the INS.
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Original approval notice.
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Letter from the spouse's employer verifying employment offer.
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The affidavit of support that has been signed by your spouse (I-134)
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Copy of the H-1B visa stamp on the passport of H-1B visa holder.
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Birth certificates of the children.
A failure to carry any of these documents could result in the US Consulate rejecting the visa application.
Fee amount: The fee amount is: application fee Rs 2,115 DD and issuance fee for all visas is Rs 3,225. The application fee is non-refundable. The Consular fees for the H-4 visa must be paid by demand draft, payable to the relevant American Consulate General. Make certain that the demand draft has been issued by either a nationalised or a foreign bank, as the Consulate will not accept a demand draft from corporate or other banks Remember that your name and passport number must be included on the reverse of the demand draft. The Consulate does not accept demand drafts which do not have this information.
When to apply: It is not incumbent on the spouse of an H-1B holder to go for H-4 stamping immediately after the Consulate stamps the H-1B visa. He or she can go any time for H-4 stamping, so long as the principal alien (i.e., the spouse) remains in valid H-1B status. If an H-1B application and spouse want to travel together, they must refrain from going for respective visa stamping on the same day, as the Consulate may perceive this as "intent to permanently immigrate to the US." The spouse must go for H-4 stamping two to three days later with the necessary documents.
Rights and limitations: The H-4 visa grants the spouse the right to accompany the H-1B holder to the US but does not grant the right to work. To work, the spouse must apply for adjustment of status from H-4 to H-1B. A person on an H-4 visa can take up voluntary work or perform community service, as these are non-paying benefits. Persons on an H-4 visa are also allowed to attend short-term diploma courses in a community college. The
cannot use his or her status to pursue a full-time degree course.
How long is the H-4 valid: An H-4 nonimmigrant alien's authorised stay in the United States is contingent on the continued validity of the H-1B principal alien's status. The H-4 nonimmigrant alien continues to remain in valid nonimmigrant status as long as the principal alien remains in a valid nonimmigrant status. Although an H-4 holder's stay in the US is solely dependent on an H-1B holder's stay, the H-4 visa is not employer-specific. Hence, when an H-1B visa holder changes employers, no action is required to amend the status of his or her H-4 dependents. However, the I-94s of dependents should be extended at the same time any extension is sought for the principal alien as the result of a new or amended petition being filed.
For further clarifications or any problems with the H-4, write to
murugesh@assureconsulting.com.
Index of all downloadable INS forms
www.ins.usdoj.gov/graphics/formsfee/forms/index.htm
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