Questions for applying H4....

[amarasat39]

Scenario:

Hello All, i am a H1b holder and got married recently. My wife is working in India currently. My wife is having a visiting visa to US and she has made a visit to the US in the past. Following are my questions.


1.) After my wife's H4 visa is approved; does she have to be in US to apply for a H4 EAD? I mean after she gets her passport stamped in India, can i start the H4 EAD application process here in the US with her in India?

2.) Can my wife come to US on a visiting visa and apply for a H4 (Dependent) visa here in the US?

3.) Since my wife is already having a Visiting Visa, and if she comes here to US, can we directly apply for a H4 EAD or a work EAD without applying for H4? I know a Visa is different from a status; since she is already having the Visitor Visa, can we skip the step of applying for H4 and go directly to the work EAD?


Thanks for your time.

[raghvi]

Scenario:

Hello All, i am a H1b holder and got married recently. My wife is working in India currently. My wife is having a visiting visa to US and she has made a visit to the US in the past. Following are my questions.


1.) After my wife's H4 visa is approved; does she have to be in US to apply for a H4 EAD? I mean after she gets her passport stamped in India, can i start the H4 EAD application process here in the US with her in India?

2.) Can my wife come to US on a visiting visa and apply for a H4 (Dependent) visa here in the US?

3.) Since my wife is already having a Visiting Visa, and if she comes here to US, can we directly apply for a H4 EAD or a work EAD without applying for H4? I know a Visa is different from a status; since she is already having the Visitor Visa, can we skip the step of applying for H4 and go directly to the work EAD?


Thanks for your time.

Do you have an approved I140 ?

[shervin143]

1.) After my wife's H4 visa is approved; does she have to be in US to apply for a H4 EAD? I mean after she gets her passport stamped in India, can i start the H4 EAD application process here in the US with her in India?
>>> No. She need to be in U.S to apply for H4 EAD. She need to be in H4 status to apply for H4 EAD. When she is outside U.S, she holds no status.

2.) Can my wife come to US on a visiting visa and apply for a H4 (Dependent) visa here in the US?
>>> Possible, but not advisable. B1/B2 is for tourism. Entering as a tourist and converting to a dependent will raise questions later.

3.) Since my wife is already having a Visiting Visa, and if she comes here to US, can we directly apply for a H4 EAD
>>> No H4 EAD without H4 status.

or a work EAD without applying for H4?
>>> What do you mean by work EAD?

I know a Visa is different from a status; since she is already having the Visitor Visa, can we skip the step of applying for H4 and go directly to the work EAD?
>>> Visa has nothing to do with getting an H4 EAD. H4 status will what will get her the H4 EAD. This assuming that you are currently in H1B status and you already have an approved I-140 with you.

[amarasat39]

Thanks for your time and advice. I have a valid I-140.

I have done some readings online and found out that coming to us as a visitor visa and converting to H4 is a not a good idea at all. We are proceeding with applying for H4 visa in India and then she will come to us.