H4 and H4 to H1B Transfer F.A.Q

I received my H-1B approval (I-797) for a change of status from H-4 to H-1B. How do I get my social security number? Do I need to get the H-1B Visa stamped for obtaining a Social security number?

What you should do is, take your approval notice and your passport to the Social Security office. This is, generally, all they need to issue the social security number for you. Stamping is not neccessary for obtaining SSN.

My husband holds an H-1B visa and is working in U.S. I had bachelor degree abroad. Now I am an H-4 visa holder, but it is quite boring staying at home Can I apply for the job or reenter the university for further studies?

On an H-4 visa, you are not permitted to work. To do so, you would need to apply for a change of status to h1b that permits work. If you want to enter a university, you can certainly do that on an H-4.

My fiancee and I are engaged but not married yet. Can I apply for a H-4 visa for her when I go for my H-1B?

If you are not yet married, then you can't get h4 for fiancee. The H4 is only applicable to spouses (of any age) and children under 21 and you will need to show your marriage certificate and proof of marriage to obtain the H4.

My wife was here in U.S. on H-4 status. She later applied for a job and got her status changed to H-1B. Now, her employer has laid her off. How long does she retain her H-1B status and when does she revert back to her H-4 status?

She only retains her H-1B status while she is working for that employer, so she should immediately file an I-539 to change back to an H-4. She will not automatically revert to H-4 status. When she files her petition to change to H-4, she will be in status while it is pending. If her H-4 stamp is still valid in her passport, the easiest thing to do is to have her travel abroad. When she reenters with an H-4, she'll be in the correct status.

I was on H4 visa staying in the USA and I have recently received my H1 B visa. Do I have to get it stamped somewhere?

If your approval for the H-1B granted a change of status, you can begin work immediately. You will need to get the stamp in your passport before reentering the U.S. the next time you travel abroad. You can get it stamped either in your home country, Mexico, or Canada

I am on H4, I have filed H1B. Can I start working as per the new law?

The law is applicable for H1B - H1B transfer and NOT for H4 to New H1B. You can start working only after your approval of H1B.

I am in U.S. on a dependent visa and would like to do higher studies in US. Is it possible to do this on the same visa status or do I need to change it into a F1 visa?

Dependents of all nonimmigrant employees are permitted to attend school without converting to F-1 status. But if you are in F1 status, after your completion of degree, you will be able to work in practical training for 1 year. But if you are studying in H4 visa, you need H1 to start your work.

I got my h1b approval, I am going for h1 stamping. I didn't get any papers from my employer for H4. How do I get the stamping for my spouse and kids?

There is no processing required for h4. While going for your h1b stamping, you can get h4 stamping for your spouse and children at the same time. Documents for H4 are listed in our visa info page.

When I was in INDIA, I applied for H1-B. While my papers were being processed, I came to USA on H4. After landing in USA and being here for sometime on H4 , I received my H1-B papers. Can I use this H1 to start my work ?

You can't start your work. The only solution is, you have to leave the country and get it stamped at the consulate mentioned in your H1B approval notice. Reenter US with valid H1B visa and I-94 with H1 status. Since you have applied when you are not in USA, this is not a change of status from H4 to H1. If you had applied for H1b when you are in USA, you will get new I-94 with H1 status and there is no need for stamping.

I got my H1B VISA. Can I take my parents with me on H4 visa?

You can bring your parents here on visitor visa. You can't get H4 dependent visa for your parents. You can get only for your spouse and children.