Spouse Travel: Old H4 Visa Valid?

The H4 visa is a type of visa issued by U.S. Citizenship and Immigration Services (USCIS) to spouses and unmarried children (under the age of 21) of H1B visa holders. The H4 visa allows them to accompany the work visa holder to the U.S. and reside there for the duration of the primary work visa holder's authorised stay.

In the case of a transfer to a new employer, a spouse can enter the U.S. on an H4 visa tied to the previous employer's I797 form, but it is recommended that they also present a copy of the new employer's I-797 form.

What is an H4 Visa?

The H4 visa is a non-immigrant visa that allows the dependent family members of H1B visa holders to enter the United States. Qualifying family members include the spouse and unmarried children under 21 years old. H4 visa holders can enter the US with their spouse or parent, who is a specialty occupation worker.

H4 visa holders can apply for an extension to remain in the US with their spouse or parent, but the length of stay cannot exceed that of the primary worker. H4 visa holders can also apply to change to another non-immigrant status. They can study in the US but they cannot work unless they obtain an Employment Authorization Document (EAD).

To obtain an H4 visa, an individual must either apply for a change of status inside the US (with USCIS) or through the Department of State (US consulate abroad). The H4 visa is valid for the same period of time for which the H1B foreign worker is admitted.

How to get an H4 Visa

An H4 visa is a dependent visa for the immediate family members of H1B visa holders. This includes spouses and unmarried children under 21 years old. The H4 visa allows these family members to enter and stay in the United States with the H1B visa holder.

To obtain an H4 visa, you must either:

• Apply for a change of status inside the United States with USCIS (U.S. Citizenship and Immigration Services)
• Apply through the Department of State via a U.S. consulate abroad

If you are already in the United States, you can file Form I-539, "Application to Extend/Change Nonimmigrant Status", with USCIS. This form allows you to extend your nonimmigrant status or change it to H4. You will need to provide proof of the principal H1B holder's valid status and evidence of your family relationship.

If you are outside the United States, you will need to follow the procedure for obtaining a visa through a U.S. consulate. This typically includes filling out Form DS-160, paying the visa fee, and scheduling a visa interview appointment. The current application fee for an H4 visa is USD 190, and you can find country-specific instructions for payment on the U.S. embassy website. During the interview, be prepared to answer questions about your eligibility, your relationship with the H1B visa holder, and your intentions for going to the United States.

Required Documents

Regardless of whether you are applying for an H4 visa from inside or outside the United States, you will need to provide certain documents, including:

• A valid passport with at least one blank page
• Two 2x2 inch photographs
• A copy of the primary H1B visa holder's visa
• Proof of payment of the USD 160 non-immigrant visa fee
• A copy of the applicant's parent/spouse's I-129 form, I-797 form, and Labor Certification Application (LCA)
• Employment letter of the applicant's parent/spouse in the U.S.
• A copy of the parent/spouse's passport and previous work experience documents
• Information on tax filings and pay stubs, if the parent/spouse is currently working in the U.S.
• Original birth certificate if the applicant is the child of the H1B visa holder
• Marriage certificate and other documents such as wedding photographs, guest lists, and receipts of wedding expenses

H4 Visa interview questions

The H4 Visa interview assesses the validity of a marriage-based visa. Questions cover visa details, personal information, marriage specifics, and knowledge about the spouse. Here are some questions that you might be asked during the interview:

Questions about the H4 Visa

• What kind of visa are you applying for?
• Why do you need a USA visa?
• Who made this appointment so that you may attend the interview?
• How did you get the documents necessary for the visa interview?
• When did the spouse receive their own visa stamping? (If the case asks for it)
• Why haven’t you attended the interview when your spouse did? (If the case asks for it)

Questions about You

• What are your plans for when you are coming to the USA? What do you wish to do?
• Are you planning on working in the USA?
• Do you have any other family in the USA, aside from your spouse?
• What is the address where you are currently staying?
• Who are you currently staying with?
• Where do you plan on staying in the United States when you get your visa?
• While in the United States, who is responsible for financially supporting you?
• Who is going to pay for your trip to the United States?

Questions about Your Marriage

• Can you show proof of your marriage, such as a marriage certificate?
• Can you show us your wedding album?
• Can you show us the wedding invitation cards?
• How long has it been since you got married?
• On what date did you two get married?
• Was it a marriage out of love, or was it an arranged one?
• If it was an arranged marriage, how did it happen?
• When was it that you met your spouse for the first time?
• How did you first meet your spouse? Under what circumstances?
• Where did the two of you get married?
• Has your marriage been registered?
• How much did it cost for you two to get married, and who paid for it?
• Did you go through an “engaged period” prior to getting married?
• Where did you two go for your honeymoon?

Questions about Your Spouse

• When is your spouse’s birthday?
• Did your spouse graduate from university? Where did he/she graduate from?
• What is the highest school or university degree that your spouse received?
• What is the name of the company at which your spouse is employed?
• In what city and state does the employer of your spouse live or is located?
• Where is your spouse’s client company found?
• What is the line of work of your spouse? What do they do?
• How long has your spouse been living in the United States?
• How long has it been since your spouse started working with their current employer or sponsoring company?
• How much does your spouse earn every year?
• Can you show us the bank statements and pay stubs of your spouse?
• Is your spouse a citizen – and if not, have they applied for a green card?

To prepare for your interview, remember to keep copies of all relevant documents, answer questions clearly and truthfully, try to remain calm, and review your documents carefully.

Can H4 Visa holders work?

The H4 visa is a dependent visa for the immediate family members of H1B visa holders. Qualifying family members include the spouse and unmarried children under 21 years old. H4 visa holders are not allowed to work in the US unless they obtain an Employment Authorization Document (EAD).

To obtain an EAD, the H4 visa holder must be the spouse of an H1B visa holder who:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

To apply for an EAD, the H4 visa holder must file Form I-765, Application for Employment Authorization, and pay a fee of $410 to the Department of Homeland Security. The application process typically takes around 3 months, and applicants are advised not to travel outside the US during this time.

It is important to note that H4 visa holders are not permitted to work in the US without an EAD, and unauthorized employment is a serious violation that can lead to denial of future immigration benefits and potential removal from the country.

H4 Visa travel restrictions

The H4 visa is a dependent visa for the immediate family members of H1B visa holders. This includes the spouse and unmarried children under 21 years old of the H1B visa holder. H4 visa holders are admitted for the same period of time as the H1B visa holder, and they may undertake studies but may not engage in any form of employment.

When travelling to the US on an H4 visa, individuals must fill out a DS-160 form and pay the visa fee, scheduling a visa stamping appointment at the US consulate. To re-enter the US, H4 visa holders must carry the following documents in their carry-on bag:

• Copy of the employee’s Form I-797 Approval Notice for the H-1B petition
• Dependent’s Form I-797 Approval Notice (with I-94 card if your dependent has not previously departed the U.S.) for the I-539 change of status application
• H-4 visa
• Passport valid for 6 months at the time of entry to the US
• Copy of the H-4 dependent’s birth certificate (for a child) or marriage certificate (for a spouse)
• Copies of the H-1B employee’s official job offer letter signed by the President of Montclair State University and any subsequent reappointment letters
• Copies of the H-1B employee’s last four pay stubs
• Copy of the H-1B employee’s most recent Form W-2 from Montclair State, if applicable

During the Covid pandemic, there was a travel ban in place for several countries, including India. However, certain eligible H4 visa holders, primarily spouses who were stranded in India due to this ban, were granted a National Interest Exception and were allowed to enter the US under special circumstances.

Frequently asked questions