SPOUSE VISA FOR H1B HOLDER- Bay Area Immigration Services in California
H1B SPOUSE
H-1B visa holders’ spouses will work or begin a business within the United States as long as their spouse’s H1B visa is valid. H-4 visa holders World Health Organization need to figure should 1st apply for an associate degree Employment Authorization Document (EAD) that permits them to work within the United States. The EAD enables you to operate regular or part-time in any field, in any position. It is additionally doable for you to begin your own business.
You should have a valid H-4 visa as well as your H1-B relative must have applied for lawful permanent residence to be eligible.
The EAD will be valid for the period of your spouse’s H1-B permission. You’ll additionally receive a Social Security variety if you’re eligible to use and be granted this right.
In addition, H-4 visa holders may study in America part-time or full-time and volunteer in non-profit organizations for free.
VISA FOR H1B SPOUSE:
H4 visas are issued to dependent family members of H visa holders. While your dependent pursues an H4 visa, you can apply for an H visa. H4 visa holders are sponsored by their spouse or parent who holds an H-type visa.
An H4 visa’s validity is dependent on the visa that the sponsor holds. H4 visa holders can live, work, and study in the US, but they do not obtain permanent residency. An H4 visa becomes invalid when the sponsor’s visa expires since it is dependent on it.
Although this is not a green-card type of non-immigrant visa, if you meet its limitations and occupation requirements, you could get an adjustment of status in time. Being a permanent resident is wonderful, but an H4 waiver is also fantastic if you are an alien or have a different nationality! You do not need a permanent residence to enter through the port of entry because there will be no denial. Just make sure you are aware of the processing times, have all the correct supporting documents, and do not let your H4 expire.
Here’s more information on H-1B visa blogs:
Complete Process and Guidance on When to File an Amended H-1B Petition
USCIS Grace Period for H1B Visas 60 days
H1B Application approval things to know
Lottery for H-1B Visas (How Does It Work?)
HOW TO APPLY FOR AN H4 VISA:
If you and your spouse are not of the same nationalities, you should submit your application to your home country if your spouse applied for an H1-B visa.
The specific visa application process depends on the country from which you apply, although there are commonalities:
- File the form DS-160 Online.
- After applying online, you will have to schedule an interview at your local U.S. Consulate.
Bring the following documents with you, including but not limited to:
- Your passport
- Your spouse’s passport
- Photos and your wedding album should serve as evidence of your relationship with your spouse.
- Payment and confirmation of the DS-160 form.
- Employment proof for your spouse
- Original marriage certificate
APPLYING FROM WITHIN THE UNITED STATES:
You may still apply for an H-4 visa if you are currently in the United States by filling out a change of status form. This application must be submitted before the expiration of your existing approved stay, and you have to apply at least 45 days before the expiration date.
If you have unmarried children under the age of 21, you can include them as co-applicants as long as they have the same visa status or derivative status as you.
H1B SPOUSE WORK PERMIT:
You and any unmarried children under the age of 21 can apply for an immigrant visa on the same petition once your spouse or wife’s immigrant visa petition is accepted. You’ll go through a similar visa application procedure, which includes filling out all relevant paperwork, paying all applicable fees, getting a medical exam, and attending an interview.
The US Citizenship and Immigration Services (USCIS) allows you to monitor the status of your visa petition online.
You can stay in the United States once your visa is issued as long as your spouse or wife possesses a legally valid H-1B visa.
You can also change your status while in the United States, such as switching to an H-1B or applying for a Green Card.
Work on H-4 visas was forbidden before 2015. Certain H4 visa holders have been authorized to work under the EAD scheme since 2015. The program was suggested to be eliminated by the UCSIS in February 2019, although it is currently under consideration. The United States Court of Appeals for the District of Columbia said on November 9 that it will not overturn the regulation allowing H-4 visa holders to work, but that the case will be sent to a lower court for reconsideration.
You don’t require a Labor Condition Application (LCA), petition, or sponsorship (Form I-129) from US federal entities if you hold an EAD. Unlike the H-1B visa, the EAD permits you to work in any area of the economy, so you are not confined to positions that need exceptional talent.
H1B DEPENDENT VISA
An H4 visa is granted to H1 visa holders’ dependant family members (spouse and children) who wish to accompany the H1B visa holder to the United States throughout their stay. This article walks you through the whole process of applying for H4 dependent visas. The prime applicant in such a circumstance is always the H1B visa holder. Immediate family members under the age of 21 may be eligible for an H4 visa and may apply at a US Consulate in their native country.
If you are applying for your visa alongside your spouse, who is also applying for an H1 visa, you can submit both applications at the same time. Holders of an H4 visa are permitted to:
- Get a driver’s license
- Continue your schooling
- Create a bank account (s)
- Obtain an ITIN (Individual Taxpayer Identification Number) (Tax ID for IRS Tax purposes)
- Work in the United States
Dependents of H1B visa holders with a valid H4 visa may apply for Employment Authorization and work in the United States under the H4 EAD rule.
3 Common Reasons for H4 Visa Rejection
It is the last thing you want to have your H4 visa rejected for reasons you could have avoided. Here are the three most common reasons for H4 visa rejection so that you can avoid common mistakes.
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212(a)(4) Refusal
State poverty lines are at the center of this refusal. Based on the state poverty line, a person’s ability to support their dependents is determined. Sponsors (or principal applicants) must be able to take care of their H4 dependents. If the principal applicant’s financial means do not meet or exceed the state poverty line, the H4 visa application will be rejected under 212(A) (4).
In this way, people are prevented from becoming a financial burden on the U.S. government. Those who cannot look after themselves put pressure on the economy and are at risk of becoming public charges. To increase your chance of success after this rejection, you should submit the following information to USCIS (U.S. Citizenship and Immigration Services):
- Maintaining a steady balance in a bank account over time
- Stocks and bonds that demonstrate present cash value and expected earnings
- Title deeds serve to prove ownership of personal property or real estate assets.
- You must persuade the USCIS that the primary applicant has the financial resources to care for the prospective visa beneficiary and that the beneficiary will not become a public charge.
Refusal under 214(b):
A 214(b) rejection depends on the visa beneficiary’s intentions after visiting the United States. The USCIS wants to ensure that you meet three criteria, including that you:
Following a temporary stay in the United States, you intend to return to your native country. Financially capable of funding a journey to the United States without working illegally. Intend to utilize the visa for the purposes that your visa category permits.
You can establish that you are a foreign national by demonstrating that you have a compelling cause to return to your native country. It might be because you have relatives back there, or because of social, economic, or other reasons that indicate your desire to return.
- 221(g) Refusal
Before we proceed any further, you must comprehend the following. It was sent to the U.S. Department of Labor (DOL) for LCA before your spouse or parent secured a job in the United States (Labor Condition Approval). According to LCA standards, the employer cannot pay less than the prevailing wage for the region. Where the job is situated. However, when the income on the W2 form is less than the salary reported on the LCA used to authorize the work for the H1B visa applicant, a difficulty occurs.
If the primary applicant’s yearly wage on their form W2 is less than the salary on the LCA, you’ll get a 221(g) denial. An immigration attorney would be your best bet in such a case. They will assist you in making a more successful reapplication for the H4 visa. Your W2 income must be lower than your LCA wage to convince the consular official, and they will, hopefully, grant you an H4 permit.
REAPPLY:
Yes, you can reapply as many times as you want.
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