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H4 For Working Spouse

Talk about immigration laws here

H4 For Working Spouse

Postby Diego » Thu Dec 01, 2016 8:36 pm

Dear Mr.Ajay

My wife currently works on EAD(based on pending 485).I recently changed from status from L1 TO H1B.We are planning to goto India and have our visas stamped.

1.Will she be eligible for H4?

2.In DS160,there is a question on eher employment details if I select her current profession.Woulnt it affect the approval of H4?  
Diego
 
Posts: 39
Joined: Sat Mar 01, 2014 11:08 am

H4 For Working Spouse

Postby Joanie » Sun Dec 04, 2016 12:52 pm

Dear Mr.Ajay

My wife currently works on EAD(based on pending 485).I recently changed from status from L1 TO H1B.We are planning to goto India and have our visas stamped.

1.Will she be eligible for H4?

2.In DS160,there is a question on eher employment details if I select her current profession.Woulnt it affect the approval of H4?  
Joanie
 
Posts: 46
Joined: Tue Jan 21, 2014 10:03 pm

H4 For Working Spouse

Postby Donte » Mon Dec 05, 2016 3:38 am

Hi,

Yes, your wife will be eligible for H4 visa stamp at a U.S. Consulate in India based on the fact that you are maintaining your H1B status.

Your wife was legally able to be employed through EAD while her I-485 was pending; she should fully disclose her employment details on the DS160. Once she enters in H4 status, she can continue to work with unexpired EAD, but it will not be possible to extend her H4 status within the U.S. in the future if she works. However, she can remain legally in the U.S. based on pending I-485, and work using EAD.  
Donte
 
Posts: 42
Joined: Fri Mar 07, 2014 6:46 pm


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