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What to Do for H4 Visa Holder?

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    Obtaining in H-4 Visa

    • The H-4 visa process usually starts overseas at the U.S. Embassy or Consulate with jurisdiction over the applicant's place of residence (see Resources). Applicants must supply original documents to prove their identity, background and relation to the H-1B holder. These documents include marriage and birth certificates.

      Embassies where visa fraud is a particular concern will often require additional documentation, including wedding pictures and religious marriage registrations, to ensure that a marriage is genuine. Applicants should be prepared for such requests and should bring as much documentation as possible to their interviews. The document requests may be far-reaching. Unwillingness to comply is grounds for a visa denial.

      In addition, H-4 applicants must supply documentation about the employment status of their spouse (the H-1B holder). They should have copies of their spouse's current pay stubs and letters from the employer proving the spouse's continued employment.

    Employment Prohibited

    • H-4 non-immigrants are not authorized to work in the United States. Only the family member with an H-1B visa is allowed to hold employment. H-4 non-immigrants are allowed to volunteer their time, but they are prohibited from receiving any pay. They can also engage in full or part-time study.

      Given the strict prohibition on employment, H-4 dependents should carefully consider whether any volunteer work they engage in could be construed as employment. H-4 visa holders can apply for a change to H-1B status. However, the annual limit on the number of H-1B visas requires that sponsored individuals must often wait months to find out whether their application has been chosen in the lottery conducted by the Department of Homeland Security.

      H-4 holders should not volunteer their time for a company in exchange for an offer of future of employment, delayed payment or any other in kind payment.

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