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H4 visa for family including wife, kid, my mom and my sister

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  • H4 visa for family including wife, kid, my mom and my sister

    I might travel on H1 visa and planning to get H4 visas for my wife and kid too.

    My wife currently works in an Ireland based IT company.

    Before going for my wife's H4 visa stamping -
    1. Should I ask her to quit her job as someone on H4 visa cannot work in USA? Would she also need to have the experience certificate to prove that

    she is not currently working for this firm?

    2. Can she continue to work for her present company using Work from Home facility and it would not have any impact on getting the H4. So, this way

    she would be 'working in USA' but not 'working for USA'. IS this possible and legitimate?

    What steps should I take to make sure that my wife and my kid get the H4 visa without any issues?

    Also, my dad is no more, so is it possible to take my mom and my younger sister also with me on H4? I know my wife and kid can stay with me as long

    as I am there, but can my mom and sister also stay till I am there?

    But a friend suggested that this way I am taking my whole family and US authorities generally don't allow as they do not want us to settle there.
    I am not going to settle there, but how do I convince the VISA authorities.

    Thanks in advance.

  • #2
    Originally posted by madhuryadav View Post
    I might travel on H1 visa and planning to get H4 visas for my wife and kid too.

    My wife currently works in an Ireland based IT company.

    Before going for my wife's H4 visa stamping -
    1. Should I ask her to quit her job as someone on H4 visa cannot work in USA? Would she also need to have the experience certificate to prove that

    she is not currently working for this firm?

    2. Can she continue to work for her present company using Work from Home facility and it would not have any impact on getting the H4. So, this way

    she would be 'working in USA' but not 'working for USA'. IS this possible and legitimate?

    What steps should I take to make sure that my wife and my kid get the H4 visa without any issues?

    Also, my dad is no more, so is it possible to take my mom and my younger sister also with me on H4? I know my wife and kid can stay with me as long

    as I am there, but can my mom and sister also stay till I am there?

    But a friend suggested that this way I am taking my whole family and US authorities generally don't allow as they do not want us to settle there.
    I am not going to settle there, but how do I convince the VISA authorities.

    Thanks in advance.
    1. Not required for your spouse to resign before attending H4 interview. If asked she can say that she plans to resign after getting the visa. She can work as long as she is out of US.
    2. While on H4 one cannot "work from home" or "work" and get paid while on US soil. So the answer is NO. She would need her own H1/L1 to work.
    3. Parents/siblings are not considered dependents for H4 visa purpose so they will not be able to get H4 based on your H1.
    They can try to get visitor visa but unless they show strong ties to home country they will have less chances.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Not required for your spouse to resign before attending H4 interview. If asked she can say that she plans to resign after getting the visa. She can work as long as she is out of US.
      2. While on H4 one cannot "work from home" or "work" and get paid while on US soil. So the answer is NO. She would need her own H1/L1 to work.
      3. Parents/siblings are not considered dependents for H4 visa purpose so they will not be able to get H4 based on your H1.
      They can try to get visitor visa but unless they show strong ties to home country they will have less chances.

      This is my opinion not legal advice.
      Thanks Raghav for your inputs.

      1. Since my wife also works in IT, would it be difficult for her to get the H4 since the US consulate knows that there is always a possibility that she might look for a job in US? And what should be the suggested way, should my wife resign before going for the visa interview?
      2. okay
      3. Can they get the visitor visa for the duration I am there? And how do we show the strong ties to India? Can we submit an affidavit or something where we declare that we would be coming back?

      Comment


      • #4
        1. It shouldnt be difficult as long as your H1 employment is valid. US consulate officers also know that even if your spouse tries for a job she cant work legally without first getting an H1/L1 of her own so don't worry. If your wife resigns and then doesn't get the H4 visa she will be jobless so don't resign before visa.
        3. They will not get visitor visa for the same duration as your H1. H1s are valid for 3 Years with option of another 3 Years extension.

        Visitor visas (B2) are generally valid for 10 Year, but each visit can at max be 6 Months (if provided a valid I-94), if they frequently travel on B2 it can be an issue and their visa may be revoked too. Each individual is judged separately on strong ties to home country. For example, if your mother applies alone for visitor visa she may get it as she is leaving behind a daughter (strong family tie). Affidavits are not considered enough to prove ones intention to come back. They look for strong business/job, immediate family, uncompleted studies, strong savings and investments in home country as valid reasons which will make the visitor come back.

        Read around more about the H1 and B2 visas in this website to learn more.

        This is my opinion not legal advice.

        Comment


        • #5
          Thanks for the reply Raghav.

          1 last question: I also have an elder sister who is married.
          Would this help in showing strong ties to India or is it only valid for unmarried sisters and married sisters are not treated as part of of family?
          Thanks,
          Madhur

          Comment


          • #6
            Originally posted by madhuryadav View Post
            Thanks for the reply Raghav.

            1 last question: I also have an elder sister who is married.
            Would this help in showing strong ties to India or is it only valid for unmarried sisters and married sisters are not treated as part of of family?
            Thanks,
            Madhur
            Married children are generally not considered a strong family tie which will prompt one to return.

            This is my opinion not legal advice.

            Comment

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