• What is an H4 Visa and who are entitle to it?
  • An H4 Visa is a dependent Visa and issued for dependents of H1B visas such as spouses and children under 21.
  • Can someone work on an H4 visa?
  • No you cannot work on H4. Some people think that they can volunteer their time. Unfortunately this is not advisable because the USCIS might think that you are getting paid unofficially. However now some H4 visa holders can obtain an EAD. Please Read Article
  • Can someone study on H4 visa?
  • Yes, you can go to school on an H4 visa. In fact, you can even be considered as a resident for tuition fees in some cases.
  • Can someone file for a green card under the H4 visa?
  • The H4 Visa just like the H1B visa is a dual intent visa. Therefore, if a company is willing to file for a Labor Certification or you are eligible to file for a permanent through a family petition, a national interest waiver or an EB1 category, you are allowed to do so. Filing such application should not negate your H4 visa
  • Can I change to a student visa (F1) from H4?
  • Yes, you can do a change of status from H4 to F1. There are many reasons that foreign nationals opt to change to the F1 instead of staying on the H4. These are the few reasons:
  1. The H4 has aged out, that is, the H4 is turning 21 and cannot no longer be a dependent on H4
  2. Having a F1 Visa/Status, and after completion of the course, will allow the student to file for an OPT work permit. This will allow the candidate to work for 1 year.
  • Can I change status to another type of visa?
  • Yes, you can definitely change status if you maintained your status under H4. The most common changes of status are H1Bs (specialty occupation visas) and F1 (Student visas)
  • What are the pros and cons of changing to F1 (Student) visa?
  • The advantage of Filing the F1 instead of staying on H4 – The F1, after completion of the course, will allow the person to obtain a work permit under OPT. You can read more about the F1 visa on our website www.peerallylaw.comThe disadvantage of filing and F1 – Under F1, the person will be under the SEVIS system therefore under strict supervision
  • Can I own a company while on H4?
  • Yes, you can own a company however you are not allowed to be paid any kind of salary. You can still receive dividends as an inactive status.
  • Based on the above, the H4 does not allow many options for employment. However the H4 is a very flexible visa and allows for many other interesting options.
  • Should you want to know more about your options, feel free to call us on (510) 742 5887 or visit us www.peerallylaw.com

Breaking News on H4 visa – Possible work permit EAD coming soon!