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H4 when spouse in on GC process

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  • H4 when spouse in on GC process

    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?

  • #2
    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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    • #3
      thanks- another query

      thanks 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?

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      • #4
        Originally posted by parthagandiv
        thanks 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?
        H1 and H4 visa allow immigrant intent. Your husband's GC in process should not negatively impact the H4 visa outcome. Be honest and truthful !
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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