My husband is working in the US. He is currently going through the Green Card process. He is not using his EAD or AP and is holding on to his H1 status. Will I have any difficulties in getting a dependent (H4) visa? If he uses his EAD before I get mine will I have to return from the US?
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H4 when spouse in on GC process
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For you to get H4, he has to remain on H1 at all times and never use EAD/AP until you are added as a derivative and have applied for your I485.
If he uses AP/EAD, you(H4) will be out of status and has to return to the home country.
I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.
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Originally posted by parthagandivthanks for the reply.. i have one other query. will there be any difficulty in the H4 processing because of my husband's green card processing? are there any additonal preparations to be made for the H4 visa interview?Check out H1 FAQs first!
http://www.immihelp.com/visas/h1b/h1-visa-faq.html
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