Immigration

Srinivasa Reddy Kandi: Strategies for Steering Clear of Typical Challenges Faced by Individuals in H-4 Status

February, 28, 2025-05:24

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Strategies for Steering Clear of Typical Challenges Faced by Individuals in H-4 Status: 

H-4 dependents frequently encounter difficult immigration challenges, often due to misunderstandings or oversights regarding the requirements for maintaining valid status. Additionally, errors made by immigration officials can contribute to these complications. Below are three prevalent issues that can lead to difficulties for individuals holding H-4 status.

Neglecting to Extend H-4 Status
A common issue arises when the principal H-1B worker's status is extended by their employer, yet neither the employer nor the foreign national realizes that a separate application is necessary to extend the H-4 dependents' status.

If an application to extend the H-4 dependents' status is not submitted, they risk falling out of status. The longer this situation remains unaddressed, the more severe the potential repercussions, Therefore, it is crucial for both the principal H-1B worker and the H-4 dependent to be vigilant about the expiration dates of their I-94s to ensure timely filing of extension applications.

I-94 Expiration Date Reduced at a U.S. Port of Entry (POE)
Another common issue for H-4 status holders occurs when they travel outside the U.S. and then reenter. Upon reentry, U.S. Customs and Border Protection (CBP) officers may issue an I-94 that aligns with the expiration date of the individual’s passport or visa stamp, which could be shorter than the expiration date of the H-1B holder’s approved petition. Alternatively, a CBP officer might mistakenly issue an I-94 with an incorrect expiration date.

H-4 dependents should be mindful of their passport expiration dates and ensure they present the principal H-1B spouse’s most recent I-797 approval notice when entering the U.S. It is also advisable for all nonimmigrants, including H-4 dependents, to verify their I-94 expiration date immediately upon entry into the U.S.
Aging Out of H-4 Status for Children

A critical issue for children holding H-4 status is the phenomenon of "aging out." Once a child of an H-1B visa holder reaches the age of 21, they lose their eligibility for H-4 status. Consequently, they must explore alternative visa options if they intend to stay in the United States. For instance, before turning 21, they might consider applying for a change of status to F-1 to either begin or continue their education at a U.S. institution. It is essential to engage in proactive planning to ensure that all necessary applications are submitted in a timely manner before the child ages out.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.