H-1B visa dependents: Planning to apply for H-4 visa? Here are 10 dos and don'ts you must know | Today News

Working in the United States on an H-1B visa does not mean you have to live apart from your family. US immigration rules allow your legally married spouse or unmarried children under the age of 21, to accompany you under the H-4 dependent visa category.

However, the H-4 status only applies if your dependents already don't have a different immigration status of their own, such as F-1, J-1, H-1B, among others. In case they do, the eligible applicants must apply to legally change their current status to H-4.

Here's a detailed guide that walks you through the rules laid down by US Citizenship and Immigration Services (USCIS), explaining what to expect and how to navigate each stage smoothly.

— File timely extensions: A visa holder must file extensions on time whenever the H-1B is extended or transferred.

— Carry proper documents: If you are planning to apply for an H-4 visa, then you must carry the required documents to avoid delays or worse, rejections. The necessary documents include a valid passport, H-4 visa stamp, I-94, H-1B holder’s approval notice (I-797), marriage certificate (for spouse) and birth certificate (for children).

— Study in the US: H-4 visa holders are allowed to pursue education in the United States, in either a part-time or full-time setup in school, college, or university.

— Travel internationally: An H-4 visa holder may travel outside the US and re-enter as long as their visa and documents are valid. It is also important to carry proof of the relationship with the H-1B holder for a seamless process.

— Working without authorisation: If an H4 visa holder is found to be working without an Employment Authorization Document (EAD), it is considered illegal. This can lead to visa denial or deportation. In order to work legally in the US, one must obtain I-765, the application for employment authorization.

— Don’t overstay: If you overstay in the United States even by a few days after your H4 visa expires, it can cause serious immigration issues and future visa rejections. An H-4 dependent's stay is generally tied to the validity of the primary H-1B worker’s status. If an individual obtains H-1B extensions beyond 6 years, then their H-4 dependents are also eligible for extension for the same period.

— H-1B holder changes jobs: In case the primary H-1B holder changes employers, the dependents may also need to update their H-4 status.

— Don't rely on unofficial advice: You must ensure that all your information and verification of rules is coming through USCIS or a qualified immigration attorney, especially during changes in policies.

— Children turn 21 or get married: Once your child turns 21 or gets married, they no longer meet the definition of a child, and therefore will no longer be eligible for H-4 status. At this point, to maintain nonimmigrant status, your child would need to change to another nonimmigrant status – for example, F-1 or H-1B – for which they independently qualify.