Can I continue to work on my H-4 EAD while my spouse is traveling outside the US for an extended period of time?
The legality of this situation is unclear—previously there was a memo stating that a principal beneficiary of nonimmigrant status (such as H-1B) cannot leave their dependent in the US for a protracted period of time. If the principal is traveling for work-related reasons (for the H-1B employer), dependents can stay in the US. It could be argued that if you are permitted to stay, then there should be no issue with continuing to use your EAD for a short period. But there is no set guidance on this and you should consult with an attorney.
I'm in H-4, can I remain in the US while my H-1B spouse takes short-term employment outside the country?
H-4 dependents are not required to always travel with/leave the US when the H-1B beneficiary does. But for you to maintain H-4 status, your spouse must be validly in H-1B. So, if your spouse's “short-term employment” is for his/her H-1B employer, this is not an issue. However, if he/she has traveled outside the US taking non-H-1B employment, this is a violation of status. And when your spouse is no longer H-1B you immediately fall out of H-4 and are not eligible to remain in the US.
I have a valid H-1B but am living overseas with no project at this time. I also have an H-4 visa stamp, am I able to travel to the US with it? What should I expect at the port of entry?
If your H-4 visa stamp is still valid (you still have an H-1B spouse in the US), then you can use it to travel. The officers at the POE will be looking for proof of your H-4 status, for example: the H-1B spouse's approval notice, receipt notice for H-4 status, spouse's pay slips, marriage certificate, etc.
My H-1B spouse had his/her visa stamp revoked due to a DUI conviction, can I still travel on my H-4 visa stamp?
A valid H-1B visa “stamp” is not required for maintenance of H-1B status, the consequence from the DUI only affects your H-1B spouse's ability to travel. Your valid H-4 visa stamp is not revoked in concert and can still be used to travel.
I'm on F-1 status and have filed for a change to H-4, do I need to stay in school until I get approval?
A timely filed request for change of status (made before your current status is expired) usually means you will be able to remain in the US without fully complying with all the conditions of the status you are changing from.
I have an H-4 EAD, can I attend school full-time and still retain the right to work?
Yes, an H-4 EAD does not require you to be working to maintain the authorization—there is no reason you can't attend school full-time. You will not lose your employment authorization by doing so (assuming your H-4 status remains valid).
Can a person with an H-4 EAD collect unemployment benefits? What if they were working as an independent contractor?
You could be eligible but will need to check the laws in your particular state. Independent contractors are usually considered to be self-employed and ineligible for unemployment benefits.
I have an H-4 EAD, if my H-1B spouse loses his/her job, how long can I continue to work?
You will lose H-4 status the day after your H-1B spouse loses his/her job. So, the answer is basically you cannot continue to legally work.
When my spouse's employer applied to extend his/her H-1B status, they didn't file my H-4 extension. My I-94 expired before I realized this, and we hired an attorney to file a nunc pro tunc but [time period greater than 180 days] later, the court denied our request. What are my options now?
It's important to remember your spouse's H-1B employer is not responsible for filing for your H-4 status/extension. If it had been less than 180 days following the expiration of your I-94, a nunc pro tunc order would not have been necessary. Unfortunately, given the time that has passed, your options are limited. We recommend that you seek legal counsel, it's possible the NPT could be refiled with better results. If this is unsuccessful, once you leave the US (as required) you will likely face a 3 or 10-year bar to re-entry. We can advise you how to apply for a nonimmigrant waiver to the bar, but under this administration there are no guarantees of success.
I'm in H-4 status and want to work as a teacher, how do I go about doing this?
While seeking an H-4 employment authorization document may be an option, you may also want to consider seeking an employer who will sponsor you for H-1B or J-1 status. You should also be sure to check what the education and licensing requirements are for the level of teaching you want to pursue.
I have a change of status to H-4 pending and need to travel, do I need to put in a request for consular processing?
No. The H-4 visa stamp can be applied for abroad with proof of the marriage and your spouse's current H-1B status.
If I'm working on an H-4 EAD, can my employer sponsor me for a green card or do I need to be in H-1B status?
There is no particular nonimmigrant status required for a green card, if your H-4 status and EAD remains current, it's possible you could continue to work just as you are throughout the entire green card process.
I have an approved I-140, if I change from H-1B to H-4, what impact will this have? And will I be able to return to H-1B status?
Your employer may continue the case if they choose, but, in any case the I-140 priority date should be retained for a future green card case. A change to H-4 should not prevent you from later resuming H-1B status.
If I'm outside the US, can I use my unexpired H-1B visa stamp to re-enter, even if I intend to work on my H-4 EAD?
No. Use of your H-1B visa stamp, even if it is not expired requires current H-1B status (an existing approved petition and job), you should apply for an H-4 visa stamp at the nearest consulate instead so that you can enter in H-4 status.
After changing from H-1B to H-4, how do I switch back to H-1B?
Provided you have remaining H-1B time and the initial petition was cap-exempt, you should be able to regain H-1B status through any employer (that qualifies) without re-entering the lottery.
I'm currently in H-4 status and want to go overseas for a few months. If I have an employer willing to sponsor me for an H-1B cap case, do I need to be in the US for that petition to be filed?
No—it's possible to apply for H-1B status for a beneficiary who is abroad, the petition will be sent for consular processing (meaning if you return on your H-4 status prior to its approval, you would need to travel outside the US to obtain the H-1B visa stamp and then re-enter on that status).
I have a change of status from H-1B to H-4 that has been pending for a few weeks, is it too late to withdraw?
While you can request to withdraw, it's important to make sure that USCIS properly receives the request in connection with your case. You should consider consulting an attorney to ensure that withdrawal is really the best course of action in your case.
I have filed a change of status from H-1B to H-4 but my H-1B I-94 is going to expire, will I need to leave the country?
No. From your question you have “timely filed” your change of status request (you were still in valid H-1B status at the time) and consequently will be in a period of authorized stay while the change of status is pending.
I'm in H-4 status and was charged with shoplifting, what immigration consequences will this have?
It's important for you to consult a criminal attorney in the state you live to determine what penalties shoplifting carries—depending on that, a shoplifting conviction/plea might mean you are removable (can be deported).
I initially entered the US on F-2 status, but my spouse changed from F-1 to H-1B and I filed for a change of status to H-4. After that I decided to enroll in university and filed for F-1 status—that was approved in [x month] starting right away. H-4 status was approved in [y month, earlier than x] with a start date of [z month, later than x]…I am not sure which status I'm in?
In cases like yours, USCIS generally regards the last change of status to take effect to be the binding one. So, even though the H-4 status was approved earlier than F-1, it did not take effect until after the F-1—USCIS would consider you to be in H-4 status.
How long will my H-4 status be valid after my H-1B spouse files an I-485?
So long as your spouse retains H-1B status, your H-4 status will continue, the filing of an I-485 does not have any effect—it is only if the H-1B primary is approved or begins to work on an EAD (based on the I-485) that your H-4 status will be impacted.
I'm currently in F-1 status, do I need to change to H-4 in order to be eligible as a beneficiary of my spouse's approved I-140?
No. H-4 status is not required to be a derivative beneficiary in your spouse's green card case, your eligibility is automatic as his/her spouse.
I'm in H-4 status pursuing a Master of Science, do I need to switch to F-1 if I want to be eligible for the master's cap?
No. So long as your master's degree is acquired from an accredited non-profit US university, you will be eligible for the master's cap. Since you can attend school full-time in H-4 status, there is no reason you would have to switch to F-1 (unless some situation arises where you would no longer qualify for H-4).
Can I enter the US on H-4 status while 6-7 months pregnant?
Yes. There is no immigration prohibition on entering while visibly pregnant on H-4 status. Your situation is different from that of someone on B status or a tourist.
Do I need to go abroad if I want to change status from H-1B to H-4 and apply for an EAD?
No, you can apply for a change of status to H-4 within the US and could continue to work on H-1B status until H-4 approval —but if you leave while that application is pending it will be considered abandoned and you could simply apply for an H-4 visa at a consular office with evidence of your marriage and spouse's H-1B employment. Then you could only file for the EAD upon your return to the US and there would likely be a 90 day wait for approval.
If I'm running a company on my H-4 EAD, can my H-1B spouse work for me if he/she doesn't collect a salary?
No. Your H-1B spouse working for you would be unauthorized employment—whether he/she is compensated or not.
I have been visiting my boyfriend/girlfriend in the US while on a B visa and we have decided to get married, can I apply for H-4 status in the US, or do I need to go abroad?
Because of the nature of B visas (explicitly incompatible with any type of immigrant intent), it would be best to go over the specifics of your case in a consultation. The most important thing is that you did not make any misrepresentations on your B visa application.
If I change from H-1B to H-4, will time spent working on an H-4 EAD count towards my 6 years of H-1B?
No. H-4 EAD work time does not count towards H-1B time.
How long does it take to switch from H-1B to H-4? Can I work on H-1B up until the time of H-4 approval?
The change of status to H-4 typically takes 3-4 months (possibly faster if the H-1B was premium processing?). You can continue working in H-1B status until your change of status to H-4 is approved.
What happens to my H-4 EAD if my H-1B spouse loses his/her job, makes a change of employer, or just wants to take a break?
H-4 EAD requires maintenance of H-4 status which means your H-1B spouse must maintain his/her status. So, a change of your spouse's H-1B employer will not affect your H-4 EAD. But he/she losing his/her job or “taking a break” would mean loss of H-1B status and your simultaneous loss of H-4.
If my spouse's H-1B cap case is selected in the lottery, when do I need to change status from F-2 to H-4? What if my application to change status is not approved until after my spouse's employer files his/her cap case?
If you already applied for F-2 status (even if you were not approved yet) you can file your change of status to H-4 along with your spouse's H-1B cap case. But they don't have to be filed together--as long as you submit your change of status prior to the [October 1] start date, it is fine.
I'm in H-1B status but plan to go for H-4 visa stamping, will my H-1B status be canceled if I get the H-4 visa stamp?
The H-4 visa will not impact your H-1B status, but you can only hold one status at a time—so if you are switching to H-4 status because your employment is ending, it is better for the H-1B employer to revoke their petition.
What do I need to do to change status from H-4 to F-1?
You must file form I-539 to request a change of status from H-4 to F-1—and the school you will be enrolling in/are currently attending would file form I-20 on your behalf. But do note that you can be a full-time student on H-4 status, most likely you are asking this question as a dependent child about to age-out of H-4. In which case you should be aware that you must “bridge” any gap in status after your H-4 status expires and your F-1 status is approved (with some other valid non-immigrant status).
I'm an H-4 spouse, can I study full-time and later change to F-1 status?
Yes, an H-4 spouse is free to attend school full-time and there is no bar in applying for a change of status to F-1. Just make sure to allow enough time so that your COS is not still pending when you're about to complete your course of study. If you make the change far enough in advance, you should be able to qualify for OPT.
I'm in H-4 status but have spent most of my time out of the US due to personal reasons. Will this impact I-485 approval?
There are no restrictions on the amount of time someone in H-4 status can spend outside the US. What's important is that H-4 status was continuously maintained and valid at the time of filing the I-485. You should also have an advance parole document in case you can no longer enter the US on H-4 status (due to the primary's I-485 being approved).
If my H-1B spouse changes job locations after he/she has an approved extension, what impact will this have on my first H-4 visa stamping overseas?
The H-1B spouse should have their status in order before you go for visa stamping, any change in work location would require a change in the LCA, or in the case of an end-client site, your spouse's H-1B employer should file for an amendment re: the new work site. Until the potential issues with your spouse's H-1B status are resolved, it is best to hold off on seeking your H-4 visa for the first time.
I am overseas and my H-1B petition was denied, can I enter the US on H-4 and file an appeal or a motion to reopen/reconsider?
If you can be in the US within 30 days of the denial, then it's possible. But if your petition is cap-exempt, re-filing with more supporting evidence may be the better option. We suggest you seek legal counsel to evaluate your choices going forward.
My spouse has an approved H-1B petition with a start date of October 1st and I am abroad, can I apply for an H-4 visa now and join him/her on/after the start date?
If your spouse remains in the US (and the petition is for change of status), you cannot apply for your H-4 visa until October 1 (when he/she is in H-1B status). If, however, your spouse travels abroad prior to the start date, he/she will need an H-1B visa to re-enter the US and you could apply for your H-4 visa at the same time (prior to October 1).
If I'm currently in H-4 and apply for a change of status to J-1 from within the US and it is rejected, will I also lose my H-4 status?
No. As long as you remain qualified for H-4 status and your I-94 is not expired, a denial on a change of status position does not affect your current nonimmigrant status.
I'm currently H-1B with an approved I-140 with a priority date of [x], if I change to H-4 status will I lose my priority date?
No. Your priority date is locked in once the I-140 is approved, change of status to H-4 will not impact this.
I have an H-4 visa and am in the US, is it okay for me to be a volunteer/participate in charity/partake in [x: actual Q is “blogging”] and donate any revenue from [x] to charity?
So, unpaid volunteer work or participation in a charity while in H-4 status should be fine as long as the position you're working in is not a productive one or one that if filled by a citizen would otherwise be compensated.
As to hobbies that generate profit, such as blogging, the question is whether this would qualify as unauthorized employment—not so much what you do with the profits. Ad revenue from online platforms most likely crosses the amorphous boundary of what constitutes “employment,” and would be prohibited even if you give away whatever is earned.
Can I continue working on my H-4 EAD while my spouse is traveling outside the US for an extended period of time?
The legality of this situation is not clear. Previously, there was a memo stating that a principal beneficiary of nonimmigrant status, such as H-1B, cannot leave their dependent in the US for a long period of time. However, if the principal is traveling for work-related reasons for the H-1B employer, dependents can stay in the US. It could be argued that if you are allowed to stay, then there should be no issue with continuing to use your EAD for a short period. However, there is no specific guidance on this matter, so it is advisable to consult with an attorney for proper advice.
Can I remain in the US while my H-1B spouse takes short-term employment outside the country?
As an H-4 dependent, you are not required to always travel with or leave the US when the H-1B beneficiary does. However, to maintain your H-4 status, your spouse must have a valid H-1B status. If your spouse's "short-term employment" is for their H-1B employer, there should be no issue with you remaining in the US. However, if your spouse has traveled outside the US for non-H-1B employment, it would be a violation of their status. In such a case, when your spouse is no longer in H-1B status, you would immediately lose your H-4 status and would not be eligible to remain in the US.
I have a valid H-1B but am currently living overseas without a project. I also have an H-4 visa stamp. Can I travel to the US using my H-4 visa stamp? What should I expect at the port of entry?
If your H-4 visa stamp is still valid and you have an H-1B spouse in the US, you can use your H-4 visa stamp to travel to the US. At the port of entry, the immigration officers will verify your H-4 status and may ask for supporting documents such as your spouse's H-1B approval notice, receipt notice for your H-4 status, your spouse's pay slips, marriage certificate, and other relevant documents.
My H-1B spouse had their visa stamp revoked due to a DUI conviction. Can I still travel using my H-4 visa stamp?
The revocation of your H-1B spouse's visa stamp due to a DUI conviction does not affect the validity of your H-4 visa stamp. You can still use your valid H-4 visa stamp to travel to the US.
I'm currently on F-1 status and have applied for a change of status to H-4. Do I need to stay in school until I receive approval for the change of status?
If you have timely filed a request for a change of status before your current status expires, you can generally remain in the US while your change of status application is pending, even if it means not fully complying with all the conditions of your current F-1 status. However, it is recommended to consult with an attorney to ensure you are following the correct procedures in your specific situation.
I have an H-4 EAD. Can I attend school full-time and still retain the right to work?
Yes, you can attend school full-time while holding an H-4 EAD. The authorization to work under the H-4 EAD does not require you to be currently employed. As long as your H-4 status remains valid, you can maintain your employment authorization.
Can a person with an H-4 EAD collect unemployment benefits? What if they were working as an independent contractor?
Eligibility for unemployment benefits varies by state, so you would need to check the laws of your particular state to determine if you qualify. Generally, independent contractors are considered self-employed and may be ineligible for unemployment benefits. However, it is important to review the specific regulations of your state to understand your eligibility.
I have an H-4 EAD. If my H-1B spouse loses their job, how long can I continue to work?
If your H-1B spouse loses their job, your H-4 status will also be impacted. Once your spouse's H-1B employment ends, your H-4 status will no longer be valid, and you will not be eligible to continue working on your H-4 EAD.
When my spouse's employer applied to extend their H-1B status, they didn't file my H-4 extension. My I-94 expired before I realized this, and we hired an attorney to file a nunc pro tunc, but the court denied our request after a period of more than 180 days. What are my options now?
It's important to note that your spouse's H-1B employer is not responsible for filing your H-4 extension; it is typically your own responsibility. If it has been more than 180 days since the expiration of your I-94, filing a nunc pro tunc order may not be possible. At this point, your options are limited. It is advisable to seek legal counsel to explore any potential alternatives. If you leave the US as required, you may face a 3 or 10-year bar to re-entry. Applying for a nonimmigrant waiver to the bar is an option, but success cannot be guaranteed under the current administration.
I'm in H-4 status and want to work as a teacher. How do I go about doing this?
While obtaining an H-4 employment authorization document (EAD) may be an option, you could also consider seeking an employer who is willing to sponsor you for H-1B or J-1 status. Additionally, make sure to check the educational and licensing requirements for the level of teaching you wish to pursue.
I have a change of status to H-4 pending and need to travel. Do I need to request consular processing?
No, you do not need to request consular processing if you have a pending change of status to H-4. Instead, you can travel using your H-4 visa stamp by providing proof of your marriage and your spouse's current H-1B status.
If I'm working on an H-4 EAD, can my employer sponsor me for a green card, or do I need to be in H-1B status?
There is no specific nonimmigrant status required for a green card application. If you have a valid H-4 status and EAD, you can continue to work while going through the green card process.
I have an approved I-140. If I change from H-1B to H-4, what impact will this have? And will I be able to return to H-1B status?
Changing from H-1B to H-4 should not have a direct impact on your approved I-140 petition. The priority date of your I-140 should be retained for a future green card application. Changing to H-4 status should not prevent you from later resuming H-1B status, provided you meet the requirements and have remaining H-1B time.
If I'm outside the US, can I use my unexpired H-1B visa stamp to re-enter, even if I intend to work on my H-4 EAD?
No, you cannot use your unexpired H-1B visa stamp to re-enter the US if you intend to work on your H-4 EAD. The use of the H-1B visa stamp requires current H-1B status, including an approved petition and a job offer. In this case, you should apply for an H-4 visa stamp at the nearest US consulate to enter the US in H-4 status.
After changing from H-1B to H-4, how do I switch back to H-1B?
If you have remaining H-1B time and the initial petition was cap-exempt, you should be able to switch back to H-1B status through any employer that qualifies, without going through the H-1B lottery again.
I'm currently in H-4 status and want to go overseas for a few months. If I have an employer willing to sponsor me for an H-1B cap case, do I need to be in the US for the petition to be filed?
No, it is possible to apply for H-1B status for a beneficiary who is abroad. The petition would be sent for consular processing, which means that if you return to the US on your H-4 status before the H-1B approval, you would need to travel outside the US to obtain the H-1B visa stamp and then re-enter the US with H-1B status.
I have a pending change of status from H-1B to H-4. Is it too late to withdraw?
While you can request to withdraw your pending change of status, it is important to ensure that USCIS receives your request and processes it correctly in connection with your case. To determine the best course of action in your situation, it is advisable to consult an attorney who can provide guidance and assistance.
I have filed a change of status from H-1B to H-4, but my H-1B I-94 is going to expire. Will I need to leave the country?
No, if you have timely filed your change of status request (while you were still in valid H-1B status), you will be in a period of authorized stay while the change of status is pending. As long as your change of status application is pending with USCIS, you can legally remain in the US even if your H-1B I-94 expires.
I'm in H-4 status and was charged with shoplifting. What immigration consequences will this have?
It is crucial to consult with a criminal attorney in the state where the shoplifting charge was filed to understand the potential penalties. Depending on the severity of the offense and its impact on your immigration status, a shoplifting conviction could potentially make you removable (eligible for deportation). Seeking legal advice from an immigration attorney would also be beneficial in assessing the specific immigration consequences in your case.
I initially entered the US on F-2 status, but my spouse changed from F-1 to H-1B, and I filed for a change of status to H-4. Later, I decided to enroll in university and filed for F-1 status, which was approved. My H-4 status was approved earlier than my F-1 status. Which status am I in?
In cases like yours, USCIS generally considers the most recent change of status to be the one that takes effect. Therefore, even though your H-4 status was approved earlier than your F-1 status, USCIS would consider you to be in H-4 status until your F-1 status took effect.
How long will my H-4 status be valid after my H-1B spouse files an I-485?
As long as your H-1B spouse maintains valid H-1B status, your H-4 status will remain valid. The filing of an I-485 (Application to Register Permanent Residence or Adjust Status) does not have an immediate impact on your H-4 status. It is only when your spouse's H-1B is approved or when they start working on an Employment Authorization Document (EAD) based on the I-485 that your H-4 status may be affected.
I'm currently in F-1 status. Do I need to change to H-4 in order to be eligible as a beneficiary of my spouse's approved I-140?
No, you do not need to change to H-4 status to be eligible as a derivative beneficiary in your spouse's approved I-140 petition. As the spouse of the primary beneficiary, you are automatically eligible for derivative benefits regardless of your current nonimmigrant status.
I'm in H-4 status pursuing a Master of Science. Do I need to switch to F-1 if I want to be eligible for the master's cap?
No, you do not need to switch to F-1 status to be eligible for the master's cap. As long as you meet the requirements for the master's cap and your master's degree is acquired from an accredited non-profit US university, you are eligible. You can pursue your studies on H-4 status without the need to switch to F-1, unless there are specific circumstances that may make you ineligible for H-4 status
.
Can I enter the US on H-4 status while 6-7 months pregnant?
Yes, there is no immigration prohibition on entering the US while visibly pregnant on H-4 status. Your situation as an H-4 dependent is different from that of someone entering on a B visa or as a tourist.
Do I need to go abroad if I want to change status from H-1B to H-4 and apply for an EAD?
No, you do not need to go abroad to change your status from H-1B to H-4 and apply for an Employment Authorization Document (EAD). You can file a change of status application from within the US and continue working on your H-1B status until your H-4 status is approved. However, if you leave the US while your change of status application is pending, it will be considered abandoned. In that case, you can apply for an H-4 visa at a US consulate abroad and enter the US in H-4 status. After returning to the US, you can then file for the EAD, which may take around 90 days for approval.
If I'm running a company on my H-4 EAD, can my H-1B spouse work for me if he/she doesn't collect a salary?
No, your H-1B spouse cannot work for you if you are running a company on your H-4 EAD, even if he/she doesn't receive a salary. Your spouse's employment in your company would be considered unauthorized, as H-1B status is specific to the sponsoring employer and job position.
I have been visiting my boyfriend/girlfriend in the US on a B visa, and we have decided to get married. Can I apply for H-4 status in the US, or do I need to go abroad?
Due to the inherent limitations of B visas, which are explicitly incompatible with immigrant intent, it is best to discuss the specifics of your case with an immigration attorney. It is important to ensure that there were no misrepresentations on your B visa application. Consulting an attorney will help determine the appropriate course of action in your situation.
If I change from H-1B to H-4, will the time spent working on an H-4 EAD count towards my 6 years of H-1B?
No, the time spent working on an H-4 EAD does not count towards the 6-year limit of H-1B status. H-4 EAD work time is considered separate from H-1B time and does not contribute to the overall duration of H-1B status.
How long does it take to switch from H-1B to H-4? Can I work on H-1B until the time of H-4 approval?
The time required to switch from H-1B to H-4 can vary, but typically it takes around 3-4 months. If your H-4 application is filed concurrently with your H-1B spouse's H-1B extension or change of employer petition, it may expedite the process. You can continue working on your H-1B status until your change of status to H-4 is approved. Once the H-4 is approved, you will no longer have work authorization unless you apply for and receive an H-4 Employment Authorization Document (EAD).
What happens to my H-4 EAD if my H-1B spouse loses his/her job, changes employers, or decides to take a break from employment?
H-4 EAD status is dependent on the maintenance of valid H-4 status. If your H-1B spouse loses his/her job or takes a break from employment, it will lead to a loss of H-1B status.
Consequently, your H-4 status will also be terminated, and you will no longer be eligible to work on the H-4 EAD.
If my spouse's H-1B cap case is selected in the lottery, when do I need to change status from F-2 to H-4? What if my change of status application is not approved until after my spouse's employer files his/her cap case?
If your spouse's H-1B cap case is selected in the lottery, you can file your change of status application from F-2 to H-4 along with your spouse's H-1B petition. However, it is not necessary for both applications to be filed together. As long as your change of status application is submitted before the start date of the H-1B employment (usually October 1st), it will be considered timely. If your change of status to H-4 is approved after your spouse's employer files the H-1B cap case, it should not cause any issues as long as the application was filed before the H-1B start date.
I'm currently in H-4 status but have spent most of my time outside the US due to personal reasons. Will this affect the approval of my I-485 application?
There are no specific restrictions on the amount of time an individual in H-4 status can spend outside the US. What matters is that you have continuously maintained valid H-4 status at the time of filing the I-485 application. It is important to have proper documentation, such as an advance parole document, in case you are unable to enter the US on H-4 status (for example, if the primary applicant's I-485 is approved).
If my H-1B spouse changes job locations after obtaining an approved extension, how will this impact my initial H-4 visa stamping overseas?
If your H-1B spouse changes job locations after obtaining an approved extension, it is important for your spouse to ensure that their H-1B status is in order before you go for visa stamping. Any change in work location may require a corresponding change in the Labor Condition Application (LCA), or if the new work site is an end-client site, your spouse's H-1B employer should file for an amendment. It is advisable to delay your first-time H-4 visa application until any potential issues with your spouse's H-1B status are resolved.
I am currently overseas, and my H-1B petition was denied. Can I enter the US on an H-4 visa and file an appeal or a motion to reopen/reconsider?
If you can enter the US within 30 days of the denial, it may be possible to do so. However, if your H-1B petition is cap-exempt, it may be better to re-file with additional supporting evidence instead of pursuing an appeal or a motion to reopen/reconsider. It is recommended to consult with an immigration attorney to evaluate your options and determine the best course of action.
My spouse has an approved H-1B petition with a start date of October 1st, and I am currently abroad. Can I apply for an H-4 visa now and join my spouse on or after the start date?
If your spouse remains in the US, and the H-1B petition is for a change of status, you cannot apply for the H-4 visa until October 1st when your spouse's H-1B status begins. However, if your spouse travels abroad before the start date, he/she will need an H-1B visa to re-enter the US. In that case, you can apply for your H-4 visa at the same time, prior to October 1st.
If I'm currently in H-4 status and apply for a change of status to J-1 from within the US, and it is rejected, will I also lose my H-4 status?
No, if your change of status application to J-1 is denied, it should not affect your current H-4 status as long as you continue to meet the requirements for H-4 status and your I-94 is still valid.
I'm currently on H-1B with an approved I-140 petition and a priority date. If I change to H-4 status, will I lose my priority date?
No, changing to H-4 status will not cause you to lose your priority date. Once an I-140 petition is approved, the priority date is locked in and remains valid for future green card processing, regardless of the nonimmigrant status you hold.
I have an H-4 visa and am in the US. Is it acceptable for me to volunteer, participate in charity work, or engage in activities like blogging and donate any revenue to charity?
Volunteering or participating in charity work while in H-4 status is generally allowed as long as the activities are unpaid and considered non-productive positions. However, engaging in activities like blogging that generate revenue, even if donated to charity, could be considered unauthorized employment. Generating ad revenue from online platforms is likely to be seen as crossing the boundary of permissible activities and could be prohibited, regardless of how the profits are used. It is advisable to consult an immigration attorney to get specific guidance based on your individual circumstances.
