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The H-4 visa is for the spouses and dependents of H visa holders who might want to go with the principal H visa holder into the U.S.
➽ With the H-4 visa, you can either visit a spouse or parent working in the U.S. under H-1B status, or you can go with them.
➽ If you are outside the U.S. and, not under some other nonimmigrant visa status, you should go through a U.S office or consulate to get your H-4 visa. When your spouse or parent has an approved H-1B visa, you can apply using the DS-160 online application for nonimmigrant visas.
➽ Whenever you've finished the application and paid the filing fee, make certain to print out the confirmation and receipt of payment. You can then plan an appointment with the U.S. consulate in your nation. There, you will be brought in for a one-on-one interview with a consular official to decide the legitimacy of your case. You might be asked inquiries about your H-4 visa, your spouse or parent, their employment, or your plans in the U.S.
➽ If your application is approved and your interview works out positively, then the consulate will keep your passport and mail it to you with your H-4 visa stamp inside. You can then go with or visit your H-1B parent or spouse in the U.S.
You can get the H4 EAD provided that your spouse or parent is on an H-1B visa. In any case, If your spouse or parent has different types of H visas, for example, H-1B1, H-2A, H-2B, or H-3 visas, you are not allowed to work with an H4 visa.
H4-dependent spouses are eligible to apply for an H4 visa EAD as long as their H1-B spouse meets the necessities.
The H4 Visa EAD application process is like that of applying for a regular EAD. To apply for H4 EAD, the candidate should file Form I-765, Application for Employment Authorization. The process of how to apply for H4 EAD consists of the below steps.
➽ Complete Form I-765, including the $410 filing charge.
➽ Proof of your H-4 status includes a copy of your I-797 approval notice or a copy of your I-94 arrival/departure card.
➽ Evidence of a legitimate marriage between you and the principle H-1B holder. This can be in the form of a marriage certificate copy.
➽ Government-issued ID, for example, a birth certificate, a copy of your passport, a visa, or even a past EAD.
➽ Proof that your spouse has an approved I-140. You can submit the I-797 approval notice for the green card.
➽ In conclusion, you'll require two identical photographs of yourself in a color that is passport style: 2×2 inches.
If and when USCIS approves your petition, then you will want to work. However, you mustn't work before that time, as unauthorized employment in the U.S. can harm your ability to get an EAD, renew your status, or get a green card. It may even result in deportation.
H4 visa EAD candidates may not e-file Form I-765; anyone applying for H4 EAD should send Form I-765 along with the necessary fees and proof through postal mail. Form filing details are mentioned below.
➽ If you are only submitting Form I-765 because you currently have H4 visa status and are not looking for an extension, mail to the Lockbox address found on the USCIS Direct Filing Addresses for Form I - 765 page.
➽ If you are submitting Form I-765 and Form I-539 together because you are trying to change or expand your H4 status, mail to the Lockbox address found on the USCIS Direct Filing Addresses for Form I - 765 page.
➽ In case, if you are submitting Form I-765, Form I-129, and Form I-539 together because you are looking for H1B status for your spouse and change or expansion for your H4 status, mail to the Service Center with jurisdiction over Form I-129. Visit the USCIS Direct Filing Addresses for Form I-129 for more information.
➽ Although you can file Form I-765 and Form I-539 together, kindly note that USCIS won't process your Form I-765 until it has adjudicated your Form I-539.
➽ The 90-day adjudicated period for Form I-765 filed along with Form I-539 won't start until your H4 status is determined, your spouse’s H1B status is determined, or both.
The processing time for an H-4 EAD is different case by case. If your H-1B spouse has already filed and has an approved Form I-140, the processing time is faster. If the H-1B spouse is on an AC21 status, the process may take longer since USCIS will ask for extra documents.
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