Frequently Asked Questions - H-4 Visa

  1. Maternity Leave and Pay Stubs
  2. H-1 to H-4
  3. Status of H-4 Dependents When H-1B is Denied
  4. Applying for Spouse after H-1B Approval
  5. Exploring Other Options During H-1 Transition
  6. Applying H-4 Visa for Spouse During H-1 Processing
  7. Last Name Change for H-4 Visa
  8. SSN for Non-working Purposes
  9. H-4 Dependent Visa
  10. H-4 to H-1 status
  11. Adjustment of Status from H-4 to H-1
  12. Electronic Immigration System Eligibility
  13. H-4 TO H-1B
  14. F-2 to H-4 Visa
  15. H-4 extension for spouse and child
  16. H-1B to B-2
  17. Can I apply for H4 visa for spouse while on EAD?
  18. H-4 Visa and Status Validity
  19. OPT - H4 - H1
  20. COS from H-4 to F-1 visa
  21. H-4 Visa Stay in US
  22. H-4 rejected under 214(b)
  23. Advance Parole
  24. H-4 visa and age
  25. H4
  26. H4 Visa Stamping
  27. H4 inquiry - Dubai resident holding Indian passport
  28. H-4 visa to H-1B
  29. Travel during H4 processing
  30. H1B-H4-H1B
  31. H4 to H1-B
  32. H4 to H-1
  33. Are H-1 holders being turned back at the airport?
  34. H-1B portability without a visa stamp
  35. H-1B no notification of termination, 60 days grace period, etc.,
  36. Covid-19/Coronavirus applying for B-2 status
  37. Traveling Abroad While H-4 EAD is Pending
  38. Applying for H-4 Status While on Parole
  39. Can An Employee Withdraw An H-1B Petition?
  40. Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
  41. Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
  42. Pros and Cons of Adjustment of Status and Consular Processing for Green Card
  43. Transfer from H-1 (with I-140 approved) to H-4 EAD
  44. Does H-4 Require a Prior USCIS Approval for Visa Stamping?
  45. Applying for H-4 Status while H-1 is Pending
  46. Extending H-1/H-4EAD; working while extension pending
  47. Will H-4 EAD Rule be revoked?
  48. J-1 Physician applying for following to join after waiver
  49. Changing Employers With An Approved I-140 After January 17 2017
  50. Change of Status to H-4 - effect on priority date; maternity leave on H-1
  51. I-94 Given for Duration Shorter than Entitled
  52. Gap in Status
  53. Does H-4 EAD have to be applied again if H-1 changes jobs?
  54. Travel while H-1 COS is pending
  55. The Proposed I-140 EAD Rule - FAQ's
  56. Pros and cons of H-4 EAD
  57. Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
  58. Withdrawing one pending petition (H-4) when another is (F-1) approved
  59. Correcting dates on I-94
  60. Maternity leave on H-1, FMLA and status
  61. H-4 visa extension approved. Can I travel now?
  62. Applying for H-4 EAD while H-4 is pending
  63. H-1B Employee, telecommuting/working from home
  64. H-4 Visa Delay
  65. H-4 Visa Approval
  66. H-4 EAD - Starting business
  67. H-4 EAD COS pending; File green card while on H-4
  68. H-4 EAD Rule FAQ's
  69. Status of the H-4 EAD regulations
  70. H-4 EAD Rule
  71. H-4 and I-140
  72. Volunteer work on H-4 visa
  73. H-4 Visa Holder Applying for Canada PR
  74. H-4 visa employment
  75. H-4 for Canadian Citizen
Maternity Leave and Pay Stubs
I am on H-1B & my wife also on H-1B. After three months pregnancy leave my wife is planning not to work and to transfer from H-1B to H-4. She will not have last paychecks copy for three months so will it be an issue during transfer? Will she need to start the job again to get three paychecks copy ?

Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.

H-1 to H-4
My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4). 1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B? 2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4? 3) How long does it take for change of status from H-4 to H-1?

1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.

Status of H-4 Dependents When H-1B is Denied
If my H-1B petition is denied by USCIS, or withdrawn by my employer, what happens to my H-4 dependents?

If you are no longer in valid H-1B status, your dependents’ H-4 petitions will no longer be valid either.

Applying for Spouse after H-1B Approval
I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?

The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

Exploring Other Options During H-1 Transition
As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise: - Convert to H4: What is the expense incurred and how much in advance would I have to apply for this? - I have a tourist visa that is valid till 2016- can I take advantage of this? - Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?
Applying H-4 Visa for Spouse During H-1 Processing
My company is processing my H-1B application. Is there any information regarding dependents that will be accompanying H-1B applicant to US at the of filing petition ? What is the process to apply for dependent visa (H-4) for my spouse?

If you are outside USA, only H-1 is processed here. H-4 is done at the consulate when you go apply for H-1 

Last Name Change for H-4 Visa
My passport is getting expired shortly and I need to renew it as my visa has the maiden name. I wish to change the last name in visa. What is the procedure to change the last name?
SSN for Non-working Purposes
I am on H-1B visa and my wife just received her H-4B. She is not allowed to get SSN as this is only for people who allowed to work. I need to get her TIN (TAX Identification Number) but not sure where to start as I have been told she needs TIN for Driver licensing and open Bank account.
H-4 Dependent Visa
Is it possible for an H-1B holder to apply for H-4 dependent visas for a fiancée and/or parents?

For an H-4 dependent visa, qualifying family members include only the spouse and unmarried children under 21 years old.

H-4 to H-1 status
I was in H-1B status for three years, then changed to H-4 status. If I want to change back to H-1, will I need to wait to file under the new quota?

If your previous H-1B petition was counted against the cap, you should not be subject to the quota and should be able to file an H-1B petition at any time. However, if your prior H-1B employer was cap-exempt, you will be subject to the quota.

Adjustment of Status from H-4 to H-1
I may be travelling US on H-1B next year with my spouse on H-4. Is there any possibility to find a job in US for my husband through H-1B sponsor by some consultants and how much risk is involved in this?

As long as there is quota remaining on the H-1B, the law permits change of status from H-4 to H-1. And, if the H-1 is denied, that does not affect the existing H-4. So, no legal risk that I can see.

Electronic Immigration System Eligibility
Can I use ELIS (Electronic Immigration System) to file an extension of status for my H-4 dependents?

Please refer to the following for classifications that are eligible to use ELIS:

H-4 TO H-1B
I have H-1B visa and my husband has H-4 visa. If my husband is going to file H-1B from US, will it be a COS. If so, is there a timeline before he has to come to India to get his Visa stamped? I heard many H-4 to H-1B petitions are getting denied. Is that true?

It can be a COS. If a successful COS is obtained, there is no deadline on getting a 

F-2 to H-4 Visa
I am on F-2 visa and it is valid up to 1 July 2012. My wife already filed H-1B in Apr 1st week.I am also planning to file my H-1B. So can I directly apply H-1B or fist apply H-4 and then after apply H-1B. How will it work?

If you are subject to H-1 quota, to get status within USA, you must maintain status till September 30. So, it appears you may have to apply for H-4 as well as H-1. Your lawyers can help you figure out the timing. Applying for H-4 now should not be an issue. But move quickly. You can file for H-4 online. Fairly easy.

H-4 extension for spouse and child
We had applied for H-4 extension for my wife and child (1 year) in same I-539 form. We received an approved 797 form for dependents. Applicant's name is my wife's name and beneficiary's name is my daughter’s name. The I-94 in the form contains only my daughter’s number and not my wife's I-94 number. My wife's name is mentioned as a petitioner. Should my wife also have a separate I-94 in the approved 797 form?
H-1B to B-2
I am working in USA on my H-1B right now and my wife is on H-4B. My H1 is valid until 2013. I am planning to leave my job within next few months. After that, we want to visit entire USA for few months before I go back home. Can I change from H-1B(for myself)+ H-4B(for my wife)or B-2 Visitor for both?

You can and should apply for B2 for both.

Can I apply for H4 visa for spouse while on EAD?
My I -485 is pending since 2007, on EB3. My I-140 approved in Nov 2007. I did not for I-485 for my spouse and dependents as they were not in USA. I am working on EAD and I do not have H1B. My Question is can I apply for H4 visa for my spouse, as I am legally working on EAD? I heard that people on student visa can bring their spouse on dependent visa.

You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.

H-4 Visa and Status Validity
My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012 My questions : 1. Do I have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ? 2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?

Your current H-4 status and visa remains valid and can be used for travel. Each time, your husband changes jobs, you do not have to apply for H-4 until the time the H-4 is about to expire.

OPT - H4 - H1
I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions: 1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4? 2) How difficult it is for an employer file for H1 from H1 and what is the process? 3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?

1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.

COS from H-4 to F-1 visa
I want to change my status from H4 to F1 and assuming that it would take approx 3-4 months. If I apply for COS today, I make a trip to France (I am French citizen) next week, can I re-enter US on my valid H4 visa? Or do I have to wait until F1 is approved, get it stamped in Paris and then re-enter US?

You do NOT need USCIS approval to apply for F-1 visa. Just apply for F-1 visa during your visit to France. Ask the school to explain the formalities to you. By the way, if you leave USA during a COS request, the COS is deemed abandoned.


H-4 Visa Stay in US
My husband is on H4 with an I94 valid till June 17, 2011 and I am a H1B visa holder with a valid petition document. I am planning to go for a vacation. Will it be a problem if I leave my husband (dependent) in US and go for a vacation and come back in 3 to 4 weeks?

A few weeks absence should create no problems for your dependents.

H-4 rejected under 214(b)
My wife's H-4 got rejected under section 214(b) recently and interview went for less than minute. Should I apply again ?

In my view, H-4 cannot be denied under Section 214(b). This is an error. Apply again.

Advance Parole
Right now my wife and I am on advance parole, In 2005 what happened was, when my H-1 and my wife’s H-4 came to renew ,the attorney forgot to renew my wife’s H-4 so she was out of status for about two months later he filed it everything was alright.So my question is can she go to India with advance parole and come back, will there be any problem?

If her I-485 was pending, she would not be out of status.

H-4 visa and age
I am currently on H-4 (my visa expires 31st sept, 2010). I am 23 yrs old. I understand that the laws states that over 21 you are no longer on H4 visa. But in my case the immigration has issued me the visa for the date mentioned above. How do I go about ?

The general rule is - we should not try to take advantage of an error made by the govt.

Just would like to know that how soon can a spouse and children apply for a H4?

There is no time limit. As soon as you get an H-1.

H4 Visa Stamping
I recently switched jobs and had my H1-B transferred from Company A to Company B. I have all the H1-B sponsorship documents in place from Company B. I am married and my wife is on H4 visa. My wife is currently in India and she has a valid visa and I-94 based on my Company A H1. My wife’s visa and I-94 are valid thru Sept. 30, 2010. My question is, although I have the all the approved papers for my wife’s new H4 visa based on Company B, instead of having her go for a re-stamping can she fly back on her old but valid visa and I-94?
H4 inquiry - Dubai resident holding Indian passport
I am on an H1b visa working in the usa. My wife currently has a residence visa from Dubai (UAE) and she is an indian citizen holding an indian passport.She has lived for 27 years in Dubai and for the last six to 12 months she has also been living in Dubai. Could you guide me on the process of getting her into the USA on a dependends visa please.
H-4 visa to H-1B
My Wife is on H4 visa.How can she convert her status to H1B Visa.What are the various ways out to attain work visa.

She can. For Indian citizens, H-1 and L-1 are two obvious choices.

Travel during H4 processing
I am on J-2 visa. This is likely to expire soon due to my spouse changing her visa from J-1 to H1.I want to apply for H4 if I can travel outside USA during the application(processing) period.

If you travel during change of status, the request for COS is deemed to be abandoned.

Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me. 1)Now Can I use existing H1B with the new employer? 2)Do I fall under quota or I need to file new H1B in this Year quota?

You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.

H4 to H1-B
I was working as an IT professional and my H1-B visa expired on 13 december 2008 (I shifted to H4). I have been in this country for 10 years now and there are other factors involved too. Is there some way I can reactivate my H1-B visa status?

Once 6 years on H-1 are over, I know of only two ways to reactivate: go physically outside USA for one year, OR apply for a green card, one year after which you can extend your H-1 (or upon approval of I-140, whichever is earlier).

H4 to H-1
I came on H4, got H1b, worked for few months, again changed to H4.Could somebody tell me how much would it cost to amend from H4 to H1.

I am not sure what you mean by "cost," but I can refer you to what we charge. See if this answers your question:

Are H-1 holders being turned back at the airport?
This is the buzz going around in techie town. If you have already heard it then pl. ignore if not this is interesting. A techie based of Jersey goes to India to visit his family recently. Techie is assumed have lived in the US for quite some time. He is currently working on his work permit as an alien worker. Techie also has a temporary un-approved/un-guaranteed green card called the EAD. While re entering an immi-officer that if they can call his manager. Techie then hands all the contact information. Officer gives him a call and asks if they really need a H1B worker for his position. Officer also ensures if the H1B possesses exceptional skills. Manager replies back with a YES! Officer then calls an office that could tell how many citizens posses the same skill and are unemployed. Officer is told numerous unemployed. Officer now decides to send the techie back. Techie then pleads that he has a house on mortage, a car out of a loan. He needs time to return. Officer then grants him a month on a visiting visa. Techie once again pleads and successfully bargains a 3 month on a visitor visa to return back.

If this is all what happened, then the govt. has acted illegally. There is no question in my mind about it.

H-1B portability without a visa stamp
I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer. Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94. So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?
H-1B no notification of termination, 60 days grace period, etc.,
My employer ended my employment due to COVID reasons on May 31, 2020 but I never received an official termination letter. Calculating the grace period depending on the assumed termination date mentioned above, I have till July 30 to find a new job. Should my new employer give me an offer or start the H1B transfer application before July 30? What happens if they fail to do so in time? Can I extend the grace period on the basis of having an offer in hand or maybe because of the pandemic? My final interviews with potential employers are being withdrawn because of the time restriction.

Watch the Video on this FAQ:

H-1B no notification of termination, 60 days grace period, etc.

Video Transcript

File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them. 

Covid-19/Coronavirus applying for B-2 status
I came to the US on H1b in 2010. My i140 got approved in Dec 2013. I joined a new employer on 21 Feb 2020. My H1B got approved till 20 Feb 2023, But I did not receive any receipt notice for my wife and my elder son H4. My employer told me that he applied for an H4 visa for my dependents. Unfortunately, I got laid off due to COVID-19 and my employer notified USCIS on 8th June 2020 to revoke my visa. My priority is to find a new job. But in case I do not find any job I would like to move out of the USA, I do not want to accrue unlawful days. But, due to the COVID-19 situation in India, I am scared to travel to India. My wife called USCIS and was asked to email USCIS on"> to notify her of the receipt number of my wife and son. But she has not received any response. I want to stay in the USA until the COVID-19 situation becomes normal. As per the Document COVID Coronavirus Converting to B-1 B-2 status.pdf on your website, I can apply for a change of status to B1/B2?
Traveling Abroad While H-4 EAD is Pending
I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
Applying for H-4 Status While on Parole
I have I-140 and I-485 pending. H-1B ended on May 2018 and applied for extension which is pending. Spouse entered US under parole status and is valid till December 2018, H4 visa has expired in May 2018 Can spouse apply for H-4 extension after approval of H-1B extension? If so can it be done from USA or have to travel abroad for H-4 visa stamping?
Can An Employee Withdraw An H-1B Petition?
I'm working on H-4 EAD with company A. Company B filed for H-1B for this year and it was picked in lottery but no decision made yet, now I don't want H-1B and asked company B to withdraw the H-1B and he agreed to it and shared the H-1B withdrawal letter along with the I-129C notice. Just to make sure that the petition is withdrawn without any issues, can I also post the same letter again to USCIS with company's from address on it?
Can I Get H-4 Visa Stamping While the H-1 to H-4 Change of Status is Still Pending?
H1 to H4 COS pending from Jul 14 2017. I94 expired Nov 2nd. H4 to B2 applied on Oct 31 2017 as per our attorneys suggestion due to some delay with spouses visa. Spouse's H1 is now approved. I would like to get my H4 as soon as possible and apply for H4 EAD. Can I go to Canada/ any close by country and get my H4 stamping done while the petitions are pending or wait till H4 is approved? or going to India is my only option
Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved. 1: Is there a website where we can check the status of labor if it has been approved? 2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval? 3: Can my GC application continue whilst being on H-4 visa? 4. Does the GC process, at any stage, require the applicant to be on H-1 visa? 5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
Pros and Cons of Adjustment of Status and Consular Processing for Green Card
My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies. Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008. Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year. Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?
Transfer from H-1 (with I-140 approved) to H-4 EAD
I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?

You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

Does H-4 Require a Prior USCIS Approval for Visa Stamping?
My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.
Applying for H-4 Status while H-1 is Pending
I got H1B approval from company 'A' till Oct 2015, filed H1B extension in May 2015. As there were no updates, changed extension regular case to premium and got RFE in 2016.Before responding to RFE got to know that company 'A' has some issues and no one was responding from company 'A'. So before 240 days completion of I-94 got visa transfer with company 'B' in a premium process. Now my H1b is in security check with company B. My Both H1b cases/receipts are still in pending status. I applied for H4 visa now within the USA and if any of my H1B cases get declined. Can I stay on my H4 visa receipt?
Extending H-1/H-4EAD; working while extension pending
I am on H1 Visa, my H1, wife's H4 and H4 EAD expires on 7/18/2017. I will be completing my 6 years by 7/18/2017. My I-140 is approved. I have a question 1. Should I file for H4 EAD extension along with my H1 and H4 extension 2. Can my spouse (H4-EAD) work while her extension in progress?

Watch the Video on this FAQ: Extending H-1/H-4EAD; working while extension pending

Video Transcript

1. Yes, you should. 

2. No. Once the current H-4 expires and EAD expires and you are waiting for the new EAD to arrive she has to stop working. More...



Will H-4 EAD Rule be revoked?
1) Is it true H-4 EAD rule will be revoked by the government? 2) My H-1B visa is going to expire in 14-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration). a) If my PERM is not approved before my current H-1B visa expires. Can I change to H-4 EAD at that time? b) If my PERM approved after change to H-4 EAD, Can I change back to H-1B? c) Is it possible to convert from H-1 to H-4 EAD without taking a break in employment? d) If my PERM gets approved after my current H-1B expires can my employer file for H-1B extension? 3) I would like to move to H-4 EAD but I would like to come back to H-1B anytime in future, in that situation what is the best status for H-1B? 4) If I apply for new H-1B is it comes under H-1 quota (After 6 years completes.)?
J-1 Physician applying for following to join after waiver
I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?
Changing Employers With An Approved I-140 After January 17 2017
I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you. 1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer? 2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

Change of Status to H-4 - effect on priority date; maternity leave on H-1
1. Planning to transfer from H1B to H4, I-140 approved with Jan2015 priority date. Can I keep the priority date after I change to H4? Intend to come back to H1 after few months. 2. Currently I'm 7 months pregnant and I work for a consulting company (employer) on H1B visa, Can I take maternity leave on H1B? If yes, for how long? will it be a paid or unpaid leave? If not do I need to convert status from H1B to H4? If yes, can I change it back to H1B and work again or need to apply for a fresh visa?

Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1  and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

And the second part of the question was can I take maternity leave on H-1?

I-94 Given for Duration Shorter than Entitled
On December 18th 2015 I came back to USA on H-4, at that time my old passport was expiring on September 19th 2015 so the Immigration Officer approved my I-94 until September 19. Later I applied for H-1 and it got approved on Feb 2nd 2016 and my H-1 is valid until Ending Validity Date: 12/19/18 with I-94 number in it. I renewed my passport now and I have validity until 2026. Question: Do I have to go for stamping again to extend my I-94 validity? Or since I got new I-94 with my H-1B is that good enough.
Gap in Status
A couple of questions on Gap in status: 1. I am on H-1B and my project/job is going to end on April 29,2016 (Friday). I have my H-4 approved effective May 2, 2016. I will get salary slip from 1 April to 30 April. Do I need to have salary slip for May 1, 2016 (which is a Sunday) to maintain H-1B/ legal status (considering that I won't be getting May 1 to May 31 salary slip). 2. I am currently on H-1B and have an approved H-4 Effective 15 July 2016. As part of my H-4 application (which I had filed along with my spouse extension) , I had requested USCIS to give me H-4 effective date of 13 May 2016 as my project was going to end on 13 May 2016. But, the request was not honoured and USCIS responded citing the reason "Since the beneficiary of the I-539 and I-765 will change status, we cannot give an earlier start date than what is shown on the I-129 approval notice." If my project ends on 13 May 2016 , should I leave the country as my H-4 effective start date is 15 July 2016 to maintain legal status ?
Does H-4 EAD have to be applied again if H-1 changes jobs?
I am currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?
Travel while H-1 COS is pending
My Spouse is on H-4 and has a Valid H-4 stamped till Jan 16 2017. I am planning to apply H-1 for my Spouse through an Employer this year. Is it advisable to travel to India while her H-1B is in Process? What will be the implications if she travels to India?
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Pros and cons of H-4 EAD
My wife is on H-1B and became aware of her project end dates. We are currently evaluating the options of H-4 EAD.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
1) My wife is currently on H-1B. I am also on H-1B with approved I-140. My wife's employer is willing to Start GC process for her. I understand that GC is for future employment. My wife is willing to Move to H-4 EAD. Say my wife's employer initiated her GC process when she is on H-1. Once the perm is filed by wife's employer, will she be able to convert from H-1 to H-4 EAD. Does this has any affect on her ongoing GC process. Is it safe for some one to changes status from H-4 to H-1 and H-1 to H-4 in between PERM and I-140 process. 2) My brother is on F-1 in OPT status. Can my brother's employer start GC process for him while he is on OPT. I have some knowledge of the complications involved in Starting GC process on F-1. The main reason behind this question is to reserve a spot for GC process. That way my brother can get a earliest priority date, his employer would start GC process 2 years down the road when he is on H-1B. What is the safe route for some one like my brother to get a earliest priority. Do they have to wait till H-1B to get in to GC process Queue

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

Withdrawing one pending petition (H-4) when another is (F-1) approved
My H-4 to F-1 is approved on October 08 2015. My Spouse Employer filed H-4 extension for me which is currently in Process. We sent this H-4 withdraw letter and it has been reached USCIS (Vermont Service Center) on Oct 13th 2015. Could you please let us know approx when do USCIS withdraw this H-4 extension?. If by mistake USCIS approves this H-4 Extension, can we fight with USCIS to withdraw this H-4 extension?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Correcting dates on I-94
My current visa H-4 VISA is valid till Nov 25 2016. - I had applied for an change of status/extension of stay (I539) for H-4 status to July 4 2018 (through underlying H-1 extension). - I had to travel to India while it was pending. USCIS issued an I-797 - Approval for the extension of stay without abandoning it. - At the port of entry, the I-94 expiry was marked as Dec 25 2016. - The expiry date does not jive with the original VISA expiry date Nov 25, 2016 that was presented at the time of arrival. Nor does it reflect the I-539 extended date of July 4 2018 (that was not presented at port of entry). Please advise - a) What action would I required to correct I-94 expiry date? Who do I contact to correct it? b) I am filing for a I-485 adjustment as a spouse of EB-3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I-539 has been erroneously approved till July 4 2018?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Maternity leave on H-1, FMLA and status
My wife is on H-1B visa and went on Maternity Leave (normal delivery) starting 8-Sep-2015 and will be completing 6 weeks of allowed vacation on 16-Oct-2015 (We have 6 Weeks letter from doctor). However, she would like to extend the leave till 15-Dec-2015 ( Total Duration 3 Months 10 Days) as we do not have the required support for the baby. Her Employer is willing to provide her with a leave/vacation letter and she can continue to work with the same employer post her vacation. Pay stubs ($0) will not be provided by the employer. Also, we are trying to have the pediatrician provide a letter suggesting 4 months of leave but not sure if we can get the same or will it be helpful? State - New Jersey Visa Type - H-1B Question 1 - Will a $0 pay stub from employer be helpful to keep her in status while on leave? Question 2 - Will letter from pediatrician suggesting 4 months of leave be helpful to keep her in status while on leave? Question 3 - Request you to suggest if she will be in valid status if she continues to be on leave till Dec-15 and have a vacation letter from the employer without pay stubs ? We do have an option of moving her to H4 starting 30 Oct but would like to avoid the same. If she changes her status to H-4, Question 4 - Will her current employer have to file a new H1B or a simple COS from H-4-H-1B would be required once she is ready to work? Question 5 - Can COS from H-4 to H-1B be filed in premium processing ? If not, what are the timeline for processing of the same.

 See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

H-4 visa extension approved. Can I travel now?
My H-4 visa extension has been approved, I mean the USCIS has sent me an approval notice with the I-94 record card. Now it clearly says, this is not a visa. What do I need to do in order to travel to India, do I have to go to a US consulate here, to get a visa stamped in my passport, because in order to travel through Europe we need a valid US Visa or travel through Dubai , which doesn't require any visa, and then get stamped in the US consulate while coming back? I am confused and do not know what is the next step after approval notice. By the way my spouse H-1B visa was also extended while in US by the Employer. But, my spouse hasn't gone out for visa stamping yet, will this effect my visa stamping?

When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa. 

Applying for H-4 EAD while H-4 is pending
I am on H-4 visa and my husband is on H-1 visa since 2008. We have an approved I-140 and have applied for a three year extension on the basis of approved I-140 on May 8, 2015, but we have not got any confirmation from USCIS yet, so my concern is that can I apply for a H-4 EAD before our visa extension is approved.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

H-1B Employee, telecommuting/working from home
I entered US on Jan 2011 on F-1 Visa, completed my Masters and am now working for a reputed US organization since May 2012(OPT start date: May 2012, H-1B start date:Oct 2012. H-1B till: Oct 2017). My work does not require me to go to office, so I work from Home. Now I am planning to visit India next year and get my Visa stamped. My Questions are 1. Can telecommuting job cause any issue during Visa stamping? I heard someone was asked "if you can work from home, why can’t you work from India?” The organization I am working for has offices in India. 2. Do I need any extra evidence to prove that I am telecommuting, therefore not within commuting distance from my office? 3. I am married. Would you suggest going alone to India for Visa stamping and in case of rejection comeback on H-4 or will it be good to go as a family. My husband is also on H-1B

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

H-4 Visa Delay
I am currently on H-1B visa and I applied for my spouse, H-4 visa (Dallas Texas service center) on They received it on March 4th and Receipt Date March 6th. Now 4.5 months completed. I heard that usually visa processing time is 3 months, but no idea what happened. Like to know what are my options available to expedite it, due to this we could not visit India.

Open a Service Request by calling USCIS customer service. By the way, you do NOT need an H-4 approval from USCIS to obtain a visa. In this respect, H-4 is different from H-1.

H-4 Visa Approval
I received my H-1 approval & other documents yesterday. I am worried because the I-129 document I received yesterday states no dependents are filed with my petition (Page 4, Part 4). I had sent all my spouse details/ marriage certificate etc. while attaching supporting documents in March. What is the process for H4 visa approval as my spouse would be accompanying me.

H-4 visas do NOT require a USCIS approval for a spouse who is going to the consulate for visa stamping.

H-4 EAD - Starting business
1.Can we own our business? 2. Do we have to run own payroll?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

FAQ Transcript:

1. Yes you can.

2. You do not.

H-4 EAD COS pending; File green card while on H-4
1. Can I apply for H-4-EAD on May 26 2015 even if my H-4 COS is still pending ? Or I will have to wait till it get approved ? 2. My employer already filed my PERM and they are OK to come back with them on H-4 EAD. Can I apply for I-140 after H-4 EAD is approved ? Is it ok if I will stay on H-4 EAD to continue processing of my GC ?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

H-4 EAD Rule FAQ's
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD? 2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently? 3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140 Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ? 4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140. My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ? 5. Can H-4 EAD can do business ? 6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse? 7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back? b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped? 8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status? 2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time) 9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying? 10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer? b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition? c. If YES, how long is this ‘grace period’ for OPT cap-gap extension? - If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?

1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?

Status of the H-4 EAD regulations
Status of the H-4 EAD regulations

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

This FAQ is about H-1 quota, how does H-1 quota work?

I think this is an issue important for many people.

Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.

H-4 EAD Rule
My spouse and I are living in different sates due to obvious work reasons. I am currently on H-1B Visa with my I-140 approved. My wife is on H-1b working as a full time employee to XYZ company. Now, with Obama's executive action particularly with H-4 EAD my wife is planning to change her visa status from H-1B to H-4 so that she can get opportunities at the place where I live (at this point of time all the companies at my place are asking her for Either Green Card or Proper Work permit without any sponsorship in order to hire her). In this regards I have 2 questions 1. Would you suggest us to get H-4 approval in advance before H-4-EAD rule comes into effect or would you suggest we can file them concurrently? 2. If she applies for H-4 when can she quit the job - Is it on the day of notice of application receipt from USCIS or from the day of H-4 approval? P.S: I am aware that no rule has been published yet but just wanted to get your thoughts/suggestions on this issue.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

H-4 and I-140
Currently I am on H-1B and my wife in H-4, my company had recently filed for Green Card. It has been 6 months since the petition has been filed. My wife has about 5 years of work experience back in India. She is interested to work here now. What are the possibilities of her getting a job here in US. As my GC is in progress, can she start looking for a job once my I-140 is approved?

Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.

Volunteer work on H-4 visa
Hello Sir, I am H4 visa holder and want to blog for hobby. If I get any money from blogging due to advertisements or page hits, I want to take all of that money and donate it to charitable organization. I want to know is this legal while in H4 status and if so I want to know the correct procedure to do what I have mentioned, so that I am still following the rules for the H4 visa.

See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.

H-4 Visa Holder Applying for Canada PR
As a H-4 visa holder in the USA (my husband is on H-1B), and an Indian citizen, I plan on applying for Canadian PR via the federal skilled worker program, to eventually start working there. The question I have is if my PR does come through within a year, will my H-4 visa in the USA get affected or be void immediately? Provided I don't get a job in Canada by then, how long will my H-4 be valid after I get my PR in Canada? Can I choose to live in either country in that case? Also, while applying for the PR, they asked for sufficient funds. Since I am a H-4 dependent, can I show my husband's funds and income as a source? Because I am not earning here, I will have to have his money transferred. Will that be a problem?

Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws.

H-4 visa employment
When do you think the H-4 regulations giving EAD will become in operation? Will they be changed or will they remain the same?

Timing is impossible to predict. It could be as early as September or so, or as late as the government wants it to be. Also, government CAN and often does change or modify regulations after comments from the public are reviewed. 

H-4 for Canadian Citizen
Can a Canadian citizen get H-4 stamping at the border? What is the procedure and what documents are required for the process? What are the risks involved to get H-4 at border, opposed to filing for adjustment of status?

Canadian citizens can apply for H-4 at the border.