Concurrent H4 Application: Applying for H4 Before H1B Approval

Welcome to our comprehensive guide on the process of applying for the H4 visa concurrently with an H1B visa application. This article will provide detailed information on how the concurrent application system works, what your rights are, and what to expect during the process of waiting for your H1B approval.

Understand the Concurrent Application Process

The H4 visa can be applied for at the same time as the primary H1B visa application. This concurrent application allows the spouse of the H1B visa holder to seek employment authorization while awaiting approval of the H1B petition. However, it is important to note that although the H4 visa can be applied for concurrently, the H4 cannot be approved or valid before the primary H1B petition becomes valid.

Eligibility for Concurrent H4 Application

To be eligible for a concurrent H4 application, the following conditions must be met:

The spouse of the H1B visa holder must be present in the United States during the period of concurrent filing for an H4 visa. The primary H1B petition must be filed with the U.S. Citizenship and Immigration Services (USCIS) at the time of the H4 application. The H4 application process can begin when the H1B applicant has already received a filing receipt number but has not yet received an approval notice.

Requirements for Filing the Concurrent H4 Application

When applying for an H4 visa concurrently with an H1B application, the following documents are generally required:

A valid passport: The application must be filed when the applicant holds a valid passport with remaining validity of at least six months. Filing fee: There is a separate filing fee for the H4 visa, which must be paid at the time of application. The immigrant passport and accompanying pages: Full visible pages of the immigrant passport, including all previous and subsequent passport numbers, must be provided. DS-260 Electronic Visa Application Form: This form must be completed and submitted to USCIS. Biometric Services: An appointment is required at a designated USCIS biometric services facility, where a photograph and fingerprints will be taken. Completed Application for an H4 Visa or Nonimmigrant Status: Form I-134, Waiver of Immigrant Status, must be filed and this form must be signed by the H1B holder. Passport photos: A recent passport photo for the applicant must be submitted.

Waiting Time for H1B Approval and Concurrent H4 Processing

Taking into account the filing and processing times, there will be a period of waiting for both the H1B petition and the H4 visa. Here are the approximate timelines:

H1B Visa Processing Time: Approximately 12-14 weeks. H4 Visa Processing Time: Up to 3-4 months, depending on the workload of the USCIS. Processing Start Date: The H4 visa application can be processed as soon as the H1B petition is filed.

Validity of the H4 Visa Before H1B Approval

While the submission of the H4 visa application can begin immediately following the filing of the H1B petition, it is essential to understand that the H4 visa applicant cannot work legally until the H1B petition is approved. During this waiting period, the H4 applicant is considered in a nonimmigrant status and cannot engage in any employment in the United States until the H1B petition is approved. However, they can wait for the employment sponsorship and continue living and managing personal affairs in the United States.

Frequently Asked Questions (FAQs)

Can I get an H4 eAD before H1B approval?

No, the H4 eAD (employment authorization document) cannot be issued until the H1B petition is approved. The H4 eAD will be issued upon receipt of the H4 approval notice from USCIS.

What documents are required for an H4 EAD?

The H4 EAD application requires the following documents:

The approved H1B petition and a copy of the immediate family relationship documents (if applicable). The DS-260 confirmation page. A completed and signed Immigrant Petition Approved notice (Form I-797). The H4 application for employment authorization (Form I-765) with supporting documentation. The biographic page of the applicant’s passport. Passport-sized photographs adhering to USCIS requirements.

Can we apply for H4 and H1B in April?

Yes, you can apply for the H1B and H4 visas in April. The key is to ensure the H1B petition is filed with the appropriate USCIS service center, and the H4 application is filed simultaneously, provided you meet all the eligibility and procedural criteria.

Conclusion

In conclusion, the concurrent application for an H4 visa with an H1B visa is a valuable option for international professionals and their families. By understanding the eligibility criteria, necessary documents, and timelines, you can better navigate the visa application process and successfully manage your legal status while in the United States.

Key Takeaways

This guide covers:

Eligibility for concurrent H4 application. Necessary documents for the concurrent application process. Timelines for H1B and H4 visa processing. Importance of waiting until H1B approval before beginning work legally.

References

For more detailed information, refer to the official USCIS website or consult with an experienced immigration attorney.