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Applying for H4 as a dependent

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  • Applying for H4 as a dependent

    I am due to be married in the first week of March 2015. My fiance works in the US with a H1B visa. My fiance's H1B is due to expire in August 2015 (that is when he completes 3 years in the US), he may or may not apply for extension. Here are a few queries/ concerns I have to which I seek your advice. (Just FYI - both of us hold Indian citizenship)

    1) Is he allowed to take a dependent to the US with just 6 months of validity remaining on his H1B visa?
    2) How soon should I apply for H4? Can I apply for it before our wedding? Is applying in advance allowed without the marriage proof documents like the marriage certificate, wedding invite/ album and so on? Planning to apply in advance so that we complete the process as soon as possible to be able to fly back together to the US.
    3) Will I have to take the visa interview all by myself or is it done along with the spouse (the H1B holder)?
    4) Do I need to have my marital status changed on my passport before applying for H4 visa? Also, is it a must for the dependent to have her husbands name in the passport.
    For now, the column in blank on my passport.
    5) One last question, I'm a working professional planning to take a sabatical for a couple of months after my wedding. In case I am denied a sabatical by my employer, can I stay on roles in the Indian office but work from US -- availing the work-from-home option for a couple of months?

    Your prompt response to all my queries will be highly appreciated.
    Thanks in advance.

  • #2
    Originally posted by Lpjr View Post
    I am due to be married in the first week of March 2015. My fiance works in the US with a H1B visa. My fiance's H1B is due to expire in August 2015 (that is when he completes 3 years in the US), he may or may not apply for extension. Here are a few queries/ concerns I have to which I seek your advice. (Just FYI - both of us hold Indian citizenship)

    1) Is he allowed to take a dependent to the US with just 6 months of validity remaining on his H1B visa?
    2) How soon should I apply for H4? Can I apply for it before our wedding? Is applying in advance allowed without the marriage proof documents like the marriage certificate, wedding invite/ album and so on? Planning to apply in advance so that we complete the process as soon as possible to be able to fly back together to the US.
    3) Will I have to take the visa interview all by myself or is it done along with the spouse (the H1B holder)?
    4) Do I need to have my marital status changed on my passport before applying for H4 visa? Also, is it a must for the dependent to have her husbands name in the passport.
    For now, the column in blank on my passport.
    5) One last question, I'm a working professional planning to take a sabatical for a couple of months after my wedding. In case I am denied a sabatical by my employer, can I stay on roles in the Indian office but work from US -- availing the work-from-home option for a couple of months?

    Your prompt response to all my queries will be highly appreciated.
    Thanks in advance.
    1. Yes.
    2. You can fill the DS-160 before marriage, but you cannot attend the visa interview, as marriage is so close to travel date, you would most likely have to show marriage certificate and marriage album.
    3. The time gap between marriage and H1 expiry is large, so I would suggest you go alone.
    4. Not required, but its highly advisable to do so. If time constraints, go ahead with marriage certificate and photos.
    5. While on H4 visa, legally speaking you cannot work from anywhere on US soil. You can take a leave without pay if your employer agrees.

    This is my opinion not legal advice.

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