Can I hold both H1 and H4?

Yes. H1-B is valid till date of expiry or until H4 application is approved. When applying for change of status via I-539 , you can also request for future date when you want H4 status to start from. USCIS generally approves such date but no guarantees.

Can we do H4 before H1?

Please understand, H4 is a dependent visa and is tied with primary H1 application. So no, you can’t travel alone and that too before H1 applicant lands. You can travel alone after 1st landing though. Please make sure the Visa is not expired which is different from I-94.

Who is eligible for H4 visa?

To be eligible for an H4 Visa, you must meet the legal definition of “dependent”. This includes: Spouses of non-US workers who qualify for an H Visa. Children of an approved H type visa who are under the age of 21.

Can H4 stay in US without h1?

Yes it is perfectly okay for the H-4 dependent to remain in the US while the principal H-1B visa holder is in India applying for a visa stamp at the consulate there.

Is marriage certificate required for H4 visa?

If the applicant is below 14 yrs of age, Original Birth Certificate of this applicant (child) is required. Original marriage certificate. Entire wedding photo album. A copy of marriage invitation card of both the families.

Will H-4 visa get rejected?

The visa sponsor (or principal applicant) must be able to take care of their H4 dependents. The application for the H4 visa will, therefore, be rejected by a 212(A)(4) refusal if the financial means of the principal applicant does not meet or exceed the state poverty line.

Can H-4 go for stamping without H-1B?

Yes she can go by herself for visa stamping without any issues. She should carry your latest I797 forms and other employment documents from your current employer. Also be aware that she can completely skip the visa stamping routine if her visa is not yet expired. It doesn’t matter if the visa is from previous employer.

Can a H-4 spouse work in the US?

Although the H-4 spouse can look for employment opportunities, they cannot begin actually working until the application is approved and they receive a work permit (Employment Authorization Document). Because the work permit is based on the spouse’s H1B visa, the H-4 spouse can work as long as the H1B visa is valid.

Can a spouse of an H1B visa holder work in the US?

Now, dependent spouses can work and pursue their career and contribution to the household, while the couple seeks permanent residency in the US. If you have questions about the H1B visa program or H-4 spousal work authorization, please contact us.

What’s the standard deduction for a H4 spouse?

If you are married and your spouse is living on H4 with you, you can file as married filing jointly and can get better standard deduction ($12,600 in 2015) as compared to filing single ($6,300 in 2015). Tax brackets: Tax brackets are different for each filing status, so your income may no longer be taxed at the same rate as when you were single.