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H4 Visa holders Situation in US : PBS Video – News Analysis TV Show
I stumbled upon this video (9 min) which explains some the problems of H4 visa holders and some thoughts and analysis done by critics in the show. The video is about How is the life of H4 visa holders in US, few efforts done for getting H4 visa holders to have work permit and critics arguing why H4 visa holders will not be given work permit, etc.
Some of the views in the video are a little controversial to some extent…This video was originally broadcast on Public Broadcasting Service (PBS) on September 4th, 2009.
The video talks mostly about a short film made by H4 visa holder called Hearts Suspended made by Meghana Damani . The short movie was selected for many film festivals.
Check it out …
What do you all think about the video and analysis ? Any thoughts?
Transcript for the whole video : H-4 Visas on PBS show – To The Contrary
Video Broadcast : H-4 visas on PBS
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Do we need to be on F-1 status for one...
{ 67 comments… read them below or add one }
Hi,
I got married on April 1st 2010 and flew to USA with my husband on H-4.
However, we had some compatibility issues and i returned to India in 1 year – May 1st 2011.
Since then, i have been here and now i am planning to pursue my higher studies in US.
My H-4 has expired and i will be planning for a F1 visa, for this fall semester.
However, i am not yet divorced and am a victim of Domestic Violence. The case is still in progress here.
Will there be any difficulties at the time of VISA, since i am married but not yet divorced but only seperated?
Please do let me know your suggestions!!
I don’t think there will be any issues as you are separated now. You may be asked about your H-4 visa and you can reply to the officer truthfully. I have seen cases where the person moves from H-4 to F-1, while still being married and the stamping gets approved. If you have any documents to show the on-going domestic violence case, then you should carry them as well and present them to the officer as and when needed.
This being F-1 visa, you may also be asked about your ties to India, to gauge if you will return to India after completing your studies.
Thank you very much for the prompt reply Saurabh. Appreciate your help!!
I will make sure that i carry my case related documents while appearing for the visa interview.
Thank you!!
plz.help as soon as possible
Yes u can …distance learning is allowed on h4 even full time/part time
Deboshree Im also just like you,left my graduation in 2nd year..Im also considering doing distance education through Ignou or some other recognized institution in India or community college here in US.
Any advice would be great on here.
Hi i m H4 visa candidate,and like all other dependent wives,i also get bored and getting frustrated in home alone.As i have to come us with my husband i leave my final yr.exam of graduation which will be held on the month of May 2012,now i m planning to do some DISTANCE LEARNING COURSES ,so can u plz.tell me that is the H4 VISA candidates r allowed to do any kind of DISTANCE LEARNING COURSES OF SHORT PERIOD.Plz. help me.
On H-4 you can enroll in distance learning programs.
really enlightening to read all these posts.
i m in US since march 2011 and my visa status is H4 type, i got married in jan 2011 and came to US but my relation with my husband got worst and now i m in different state with my uncle and aunt. i m now planing to join school from next fall. i m a medical doctor now i want to do masters in public health but i have no idea about how to apply how can i get scholarship ??? i m trying my best to get more info from web sites. can someone please guide me HELP ME !!!
Currently you are in US on H-4 and you need to maintain that. Unfortunately, a lot of power is given to primary H-1 beneficiary and not to his dependents on H-4. For example, if your H-4 is about to expire, then you need documents from your husband to file for extension. If your husband leaves US for good, you have to leave US as well if you are still on H-4. If you file for divorce, you can no longer stay in US on H-4. In your case, you need to keep all this in mind.
Regarding studies, you can either study on H-4 or F-1. As being on H-4 will always tie you to your husband’s visa status, it may be tricky. To be on F-1, you will be have to file for Change of Status (COS), for which you may have to submit recent payslips from your husband, which I am not sure you can arrange or not. If your husband can co-ordinate w/ you to study here, it would be better, or else it may get lot tougher. Also, you need to show funds for your tuition when you enroll on H-4 or F-1.
Let me know if you have any questions.
thank u so much for the reply….i didnt know so many things…my h4 will expire next year…i still have 12 more months n i dnt think the guy i married to have plan to leave US soon. right now i m living with my uncle and aunt and searching for school. i dnt think my husband will help me in any ways for now…. i dnt think he’s gonna help me with joining school. i asked few of my relatives here n they said once i join school i can apply for change of visa status but i dnt think my husband will help me in any ways. what should i do ? should i go back to my country n apply for f1?? or should i stay here n search for school n join school n then afterwards maintain my visa status ?? i m planing to file divorce after i maintain my visa status.
also do i need my husband’s help to change status ?? and do i need any documents frm my husband’s side to join school here ?
H-4 is a visa that allows for family union. When husband and wife live separately, it doesn’t qualify as union. There have been cases where people used H-1 H-4 option to immigrate to US illegally i.e. they would come together and then go separate ways. You need to make sure you are not treated as someone who came to US on pretext on marriage and now living separately. Check w/ an immigration lawyer on this.
Regarding education, you can pursue studies on H-4. Your relatives can sponsor your education (if you don’t have funds). However, once your visa is about to expire (I-94), you will have to file extension for which you need documents from your husband (work related, salary slips, W2 etc). If you decide to move to student visa (F-1), then also you need same documents from your husband. Filing for F-1 visa from your home country is a better option that filing for COS (especially if you do no expect your husband to support you in terms of documents).
do i really need documents from my husband to change my visa status after i join school ??
cos i dnt think my husband will help me in anyways 
.
When you apply for change of visa status, USCIS wants to confirm whether you maintained your previous status and also whether you will be able to maintain your new status. For prior status, they would ask for husband’s payslips as H-4′s status is derived from primary H-1′s status. Be aware that if your husband stops maintaining his status, it eventually means that you are not maintaining yours.
You can try for COS, but I doubt if it would be approved. Also there is not enough time to apply for MS this fall on F-1 w/ GRE and scholarship.
Did you think about leaving US and applying from your home country?
and thank u saurabh for info
)
Hi:
call any nearest college around you.. Tell them u r on H4 and want to go on F1.
Ask them about financial support documents are compulsorily submitted from ur husband’s end. I guess they will be OK if your UNCLE or PARENT are supporting ur expenses. After all they just want to make sure that U have enough finance ..until ur visa is not expired they should be OK.
You may remember ur husband’s SSN ..consult Immigration lawyer …he/she may suggest few things.
Good luck ..I can imagine how difficult situation you are in.
Hope you can find way out ..
thank u sakshi for the reply i m searching for school and i m stding toefl right now, there are bunch of university which require GRE but i dnt have time for GRE now…and i need scholarship anyhow cos my husband is definetly not going to help me in anyways and my parents are also not supportive they think i m being stubborn n incompatible with him and my uncle and aunt are just someone i know not my relatives and more over they don’t have good job to afford me with my stdes so i need to grab school with scholarship
i m so much in confusion right now 
I am on H4 visa and I really appreciate this video. I really want to work so that atleast I can earn my own bread but I cant do anything.
Good work. Keep it up
Hi,
i am divorced under domestic voilence.what happens to my h4 visa.i have come back to india and planning to apply for f1.should i fill the visa application for f1 as divorced or can i apply with a status of married.what are my chances of f1 stamping?
Your H-4 is no longer applicable as its a dependent on primary H-1, and I am not sure if that’s appropriate given your domestic situation.
If your legal status is divorced, then you cannot apply as married.
You can apply for F-1 as long as you have I-20 from an accredited university and have funds/scholarship to pay for your tuition. You also need to show ties to India to show that you will return back to India after your studies and do not plan to immigrate.
The suspension of interviews at one of the highest traffic consulates is unfortunate and hope that they resume at the earliest.
once you are on h4, you are going to lose everything:
in terms of career, you are unlikely to find a job because:
.you are considered under-employed [or unemployed] (hence an un-attractive candidate in terms of skills, knowledge and experience since it is a -wrong- mentality that unemployed people are either lazy or were downsized first as a result of their under-achievements) so it is likely no one will hire you until the unemployment becomes negative
.you don’t have a valid US driver license
.you don’t have a social security number so you are suspected of being here illegally (which you are not)
.Since you don’t have a social security number, your background check comes back blank, as if you don’t exist, so apparently all the work history on your online application is false (but that is not true…)
.you lied on your application (this one is a real hassle): it is just that since there is no selection of country in the application form, only states, you selected the state you live in or left the default state and clicked apply. When they verify your employment, you appear as a fake!)
.on the online application, you cannot check “allowed to work in the US” so you are automatically rejected by a big percentage of employers (many of which are willing to sponsor your visa but assume since you are not allowed to work, you cannot be sponsored or you have some legal immigration issues that you are hiding)
.fees and headaches of companies of doing an h1b before april of year X and waiting for aproval by october of the same year put you in a disadvantage
.Since you are in the US and are not working, a foreigner (from your country) would more likely be able to apply to an h1b than you because you are considered of a lower achieving grade since you are possibly “dumped” by recruiters and hence your H4 (This is how the recruiters see it)
.you cannot work as a W2 contractor since you are not a permanent resident allowed to work and many job offerers prefer to “test” [or abuse] your skills on a W2 before making you a full time employee
.and finally, why bother and sponsor you for an h1b when there is a risk of your application being denied, being over-quota, or that the recession will become worse
on a personal level:
.your spouse (male or female) will control you, the money and everything. Any item you purchase will be scrutenized by the spouse “I work X hours per week and you are a good for nothing stay at home parent !”
.you will likely experience marital tension and your marriage bonds will be tested and the worse part is that the spouse can threaten to divorce you and in that case good luck trying to find the means to purchase a ticket back home (where you will be greeted with disgrace as if you are a failure who abandonned your parents…)
.no driving license, in many states
.no possibility to open a credit card (you need to have a social security number)
.you cannot have a garage sale, it is considered work ! you are (I think) only allowed to sell your stuff before you depart for ever
.your spouse could possibly suspect you of cheating since you are at home 12 feet away from a bed
.As an H4, you are looked “down” by your neighbours who most likely don’t have a third of the education that you have
.you are not allowed (and not advised) to volunteer because it is considered unpaid work
.and the worse, which is happening to me, is that I am changing career and graduating again (From IT to Project Management) and I know I will hit a wall because of the above reasons
.Since you are on h4 it is likely that an h1b candidate from your home country would be a better fit since he/she still has 6 years to be in H status while you already consumed a share of those 6 years (in my case 5 with an expected green card in 6 years from today)
So my advise to all of those who are coming or expecting to be on an H4 visa is to stay here a month until the spouse is settled and then re-evaluate on a monthly basis your “mental” and “marital” statuses and act accordingly
As for those who face abuse, depression or any of the consequences of being married to an h1b and being on h4, you can call 911 for emergencies or any of the abuse hotlines and they will be able to offer better guidance for you.
Good luck to us all ( or a miracle to us all)
I really liked your post ..its an eye opener for girls who may come on H4 ..
Everything you have written is 100% true …yes good luck to all of us
Hi Anonymous,
I urge you to read my book which can be downloaded for free from the following link. It is dedicated to H-4 Wives.
http://sharesend.com/gah1f
Please focus on what “you can do” on H-4 rather than “what you cannot”. I assure you it will change your perspective about living life on H-4. I hope my book inspires you at some level.
Wishing you lots of happiness & light
Sonia
Hello,
I am a male but will check your book anyway.
Thanx
Before I respond to your post, let me state where I am coming from so that people don’t think that I don’t empathize w/ persons on H-4. My wife who is a graduate from LSR Delhi and IIT-B came here on H-4 and tried to file H-1, but didn’t make through the lotteries in 07 and 08. She then enrolled in a college on F-1, completed here Masters. She struggled to find an internship and found a company on OPT almost towards the end of her course. She later moved to H-1 early this year and now working for a reputed company in the Bay Area. So I know what it feels to be qualified and unemployed, but I also know how people often loose direction when faced with the daunting task of being a “skilled H-4″. It shouldn’t be taken as a short-coming but as a challenge.
Your post was highly negative, and so I thought of responding to it to put in some clarifications and may be provide another perspective.
My comments inline below.
.you don’t have a valid US driver license
SA – Why is that? I don’t know what state you are in, but in CA a person can get the DL even on H-4
.you don’t have a social security number so you are suspected of being here illegally (which you are not)
SA – Who suspects that? SSN doesn’t prove a resident is legal or not. It’s the I-94 that proves that
.Since you don’t have a social security number, your background check comes back blank, as if you don’t exist, so apparently all the work history on your online application is false (but that is not true)
SA – If you have already told the potential employer that you haven’t worked in US, why would a black check correspond to false representation on the application
.you lied on your application (this one is a real hassle): it is just that since there is no selection of country in the application form, only states, you selected the state you live in or left the default state and clicked apply. When they verify your employment, you appear as a fake!)
SA – What application form are you referring here?
.on the online application, you cannot check “allowed to work in the US” so you are automatically rejected by a big percentage of employers (many of which are willing to sponsor your visa but assume since you are not allowed to work, you cannot be sponsored or you have some legal immigration issues that you are hiding)
SA – Typically the selections are “not allowed to work”, “allowed to work for any employer”, and “allowed to work for your employer only”. (1) and (3) imply that the new employer needs to sponsor visa. People on H-4 would fall into category (1), while those on H-1 would fall into category (3). GC holders, people w/ EAD and citizens are in category (2). If an employer decides to sponsor a person’s visa then that employer should know that sponsoring a visa implies that the person cannot work for you w/o sponsorship.
.fees and headaches of companies of doing an h1b before April of year X and waiting for approval by October of the same year put you in a disadvantage
SA – Not true in current years. This year and past year, H-1s were filled in late Dec/Jan. So a company could have filed the visa w/ Premium processing, and the person could have started the work immediately.
.Since you are in the US and are not working, a foreigner (from your country) would more likely be able to apply to an h1b than you because you are considered of a lower achieving grade since you are possibly “dumped” by recruiters and hence your H4 (This is how the recruiters see it)
SA – Not true. Being in US, gives you the advantage of vetting these recruiters more closely. You can pay a visit to their office, talk to them face to face etc before filing the visa. A person filing from India has no such facility, and in most of the cases there is an Indian recruiting agency involved in b/w that often dupes them.
.you cannot work as a W2 contractor since you are not a permanent resident allowed to work and many job offerers prefer to “test” [or abuse] your skills on a W2 before making you a full time employee
SA – That holds true for people on H-1 as well. However if you are in consulting, the companies do have openings for “contract to hire”. In this case, they can “test” and then finally hire you. BTW, what kind of “abuse” are you referring to here?
.and finally, why bother and sponsor you for an h1b when there is a risk of your application being denied, being over-quota, or that the recession will become worse
SA – Again, that is true for people on H-1 as well (in terms of extensions and transfers)
contd …
Hello Saurabh ,
You are right, I need to correct two of my points above:
.In NC, you needed an SSN in 2007 to get a drivers license. The new regulations seemed to have addressed this issue in NC (True, thanks for your intervention)
.Period spent on H-4 is not counted against the 6 year clock (True, thanks for your intervention)
…………………………………………………………………………….
As for the other points, since this is a forum:
.you don’t have a social security number so you are “suspected” of being here illegally Updated Answer:by the average recruiter, this is from personal experience. Your experience may be different. the background check comes blank and that is not encouraging either. In general, I am talking about applying online to a job advertisement or filling an application form at a recruiter’s office without seeing the potential employer. when you apply online, you have to select “State” for your experience (in many job application portals). There is no dropdown for country. So either you select a state randomly or you put where you live (otherwise you cannot click submit).
Also, in the online job application questionnaire: there is rarely a selector with a value “Sponsorship required” but this is in a few percentile of advertised ads. Usually the choices are “Allowed to work in the US”,”US Citizen”, “Not allowed to work in the US” and sometimes it is just a checkbox “Allowed to work in the US” and human nature dictates that all those who choose “Not allowed” or those who don’t check the checkbox would be disregarded by an HR who is not an expert in immigration rights.
I reply no to the question “Can you, at the time of employment, submit verification of your legal rights to work in the U.S.?” because I am on H4 (I am not on F1, I am doing online project managment certification, not taking physical classes)
http://www.gasamerica.com/files/GA_Employment_Application.pdf
here is an example of another online application with this issue:
http://www.eliteusa.us/index.php?mod=Static&id=apply
being on H4, I err on the side of caution.
Every immigration case is different and this is why an attorney would be in a better position to guide (again, err on the side of caution and consult an attorney).
I am just showing my personal experience as a very oldtimer in H4. Your experience, circumstances and environment may be much different.
Again, thanks for the corrections above.
The links you have submitted are for a gas station and fitness/sports center. Do you plan to work for them on H-1? If so, then what will be your work profile there?
Companies that hire international workers mostly have employment forms that has a picklist for the country; so that the candidates can fill-in their international experience. Companies that don’t hire international candidates typically don’t have a column for the country.
Besides, companies that sponsor visa or are willing to sponsor visa, usually put up sponsorship question in their form. If a company just asks for authorized or not authorized, then there is a high probability that they are not going to sponsor the visa. So there’s no point in applying in them.
contd from above …
.your spouse (male or female) will control you, the money and everything. Any item you purchase will be scrutenized by the spouse “I work X hours per week and you are a good for nothing stay at home parent !”
SA – If that is true, then there is a bigger fundamental problem in the marriage. In a way it’s good to know that your partner thinks that way as now you know who you have really married – someone who doesn’t respect you
.no driving license, in many states
SA – which state are you referring here?
.no possibility to open a credit card (you need to have a social security number)
SA – If you are referring to opening a credit card for having credit history, then I agree. If you are referring to CC for having independence of using it, then probably not as your spouse can have an add-on card for you (unless the marriage is already in doldrums because of 1st point)
.you cannot have a garage sale, it is considered work ! you are (I think) only allowed to sell your stuff before you depart for ever
SA – Not true. Even on H-1, H-4 you can have the garage sale. This falls under passive income which is allowed.
.your spouse could possibly suspect you of cheating since you are at home 12 feet away from a bed
SA – I don’t see the co-relation. Isn’t the working spouse away from home amongst all the colleagues. So why is “stay at home” spouse suspected?
.As an H4, you are looked “down” by your neighbours who most likely don’t have a third of the education that you have
SA – Not a universal truth. Depends upon who you are living amongst
.you are not allowed (and not advised) to volunteer because it is considered unpaid work
SA – Not true. A person on H-4 can volunteer as long as there are other people volunteering in the company for similar kind of work. So a person on H-4 can join American Red Cross for example.
.and the worse, which is happening to me, is that I am changing career and graduating again (From IT to Project Management) and I know I will hit a wall because of the above reasons
SA – Are you graduating on H-4 or F-1?
.Since you are on h4 it is likely that an h1b candidate from your home country would be a better fit since he/she still has 6 years to be in H status while you already consumed a share of those 6 years (in my case 5 with an expected green card in 6 years from today)
SA – Period spent on H-4 is not counted against the 6 year clock. Only the time spent on H-1 and L-1 is counted against the clock.
Hi Saurabh,
Felt good reading your reply. Felt even better when I read “Even on H-1, H-4 you can have the garage sale. This falls under passive income which is allowed.”
How true it this? And is there a official website that states the same?
Thanks buddy!!!
I don’t have any link to any official website. However, if you search for terms H-1 and passive income, you should see bunch of websites (including those of attorneys) which talk about this.
hey,
just following the thread of thoughts here and am really interested in finding out.. how many of the ladies actually continued studying? I’ve been here since a couple of months, the boredum hasn’t become too dreadful, but yea i fear some day it might. my husband and i were hoping i could get a scholarship, get enrolled. Honestly, with one breadwinner, we cant quite afford the education here, so scholarship would have to be our preference. Can anyone give any guidance or suggestions on that please?
Try looking at state colleges – they usually have lesser fees that private ones. I don’t know which state you are in, but in CA there are lot of Cal State University schools that may be affordable.
hi:
I am amongst those h4 wives who finally started study. If you are staying in same state for last 12 months you can get tuition concession by at least 50 percent.
Now it depends on which state you are residing. If you get admission on H4 you don’t have to maintain your full time student status. i.e you can take as less as 3 credits per semester so that you can collect credits also save money… and after that being in the system eventually you can become full time f1 visa ….
and for scholarship you need to have very good GRE or relevent test score …
good luck
If one enrolls into a school as H-4, the person needs move to F-1 at the right time in order to make use of OPT and be eligible for H-1 under Masters degree quota.
The other financial advantage is that you can have your school issue 1098-T for you, and you can then claim that on your tax return.
Do not change to F1 from H1 or H4 without consulting an attorney.
The F1 visa IS NOT dual intent !!! do i you are applying for immigration or intend to in the future, your application could be denied because of being on F1 (even if your spouse is on h1b, or any other dual i ntent status).
Check with an attorney before making such a critical visa status change
This link clarifies when and if you should apply for an F1 when you are in H4 status…it is more complicated if you have applied for I 140 (and much more if you are the principal applicant having been on h1b and being now laid off), so check the link and triple check with your immigration attorney.
http://www.hooyou.com/f-1/140filing.htm
Anonymous Please,
Not quite true. Yes, F-1 is not for dual intent, but that doesn’t mean if you have been on F-1 at one point then your AOS petitions will be rejected in future. A lot of people do Masters in US on F-1, then apply for H-1 and finally have their GCs processed.
What specific scenario are you referring here? If you are talking about filing GC while on F-1 or moving to F-1 w/ GC in process, then probably one needs to check w/ immigration lawyer; otherwise I don’t see any impact.
Friends,
We’re all are aware of the identity crisis that many girls experience after they get married and come to the United States of America on a dependent visa, famously or infamously known as H-4 visa. The alarming number of stories about depression and loneliness experienced by H-4 wives inspired me to find a medium that would allow me to share my secret of leading a life full of happiness and sheer bliss while being on a dependent visa. And I thought the best medium to deliver my message would be through a book.
My book “H-4 Fortune Cookies” is dedicated to all the H-4 wives who believe that “life is a struggle” in a new country, especially when it involves leaving behind a well paying job, a stable career, or promising educational achievements in their respective home countries. It is for those who believe that they are not free despite living in a free country – “The Land of Opportunity”; that they have sacrificed and surrendered a significant part of themselves to their restrictive immigration statuses.
It contains 50 Inspirational Thoughts written by me, who was fortunate enough to have enjoyed every moment being a H-4 wife! I want to share my good fortune with all the H-4 wives in the form of these 50 Fortune Cookies that stood by me during tough times. I sincerely hope that the thoughts in my book spark a ray of hope in the lives of all those wives who left their homelands to be in a progressive country, yet feel constrained due to their immigration statuses. I deeply desire to liberate all the H-4 wives from their mental inhibitions and inspire them to realize their dreams while being on a dependent visa.
Share the good fortune by passing on these fortune cookies that are stocked with a lot of goodness and hope for all those who need a fresh perspective about “life on H-4″.
My book is available for FREE in the form of an e-book and can be downloaded from the following link:
http://sharesend.com/gah1f
Experience the joy in spreading hope & inspiration through the fortune cookies in my book!
Lots of Happiness & Light
Sonia
on the contrary on the video.. yes you are absolutely right it is a family decision… however husbands/wife’s that are able to get H1B would only mean 1 thing… their wife/husband on H4 are also qualified or even much better than the one who has H1B. My point is… Why not just let them work even for a minimal hour just to compensate the time of doing nothing at all… it wouldnt be that bad..
Hi everyone
I know my question is unrelated but please help if you know the answer.
I passed my H4 visa interview and going to pick it up,but now I am studying a course and I really really want to finish it.
I want to know when should I be in the US after getting the visa, or when does it expire?
please help if you know the answer.
Edi:
H4 visa is dependent of H1B or H type visa ,so your H4 visa will expire when the H1B person’s visa will expire.
Check the visa page of your supporter.
Until that H1B is valid your H4 visa is also valid.
Therefore you can complete your study ,but check the dates on H1B visa page.
i am going with my husband to usa on dependent visa can i do online jobs from home in us which r the right sites i need to enrol pls let me know so that i can also genrate some income and wont be totally dependent on my husband
Unfortunately, you cannot do that.
Unfortunatly ,visa status dosen’t permit to work ..I am on H4 visa ..if ur on L2 then its OK ..
DD,
Do you mean H1B guys should not marry at all and should be remain unmarried, lol
No Sai… what they mean is… it sud be ur family’s decision…while considering the problems h4 faces…
If h4′s are not eligible to work, then why are L2 pple given EAD status and allowed to work. It’s unfair.
@H4-I agree with you. L2 status also should not allow to get work permit. I think Obama govt. should deeply think on it.
mmm then y give green card to the entire family? isnt that like exploiting one person… come on… all the h4 holders are asking are to make a honest living…… not all the h4 holders are here by their own choice… they sud be given basic benefits… it is not a feminist issue… many countries all around the world does give the option of working to the spouse… y not US?
There is a big difference b/w L1 and H1. L1 is an intra-company transfer. It is supposed to be filed when a company wants to transfer a foreign national to their US office and do a job that requires company specific tools etc (it’s another story that companies abuse the system and bring Java developers on L1, which they shouldn’t). It is not considered to be a body replacement. That is why there is no quota on how many L1s can be filed in a year.
H1 is a body replacement, and subject to numerical quota. The salary needs to be as per prevailing US wages.
So it may not be a fair to compare L1 to H1, and subsequently L2 to H4.
I am H-4 visa holder from india ,I already knew that what is going to happen after coming to US.Still ,I got married to the H1B guy.
I was doing my post graduation in India from recognised University(Engg) .My husband told me before marriage- it will be hard to get job in US , So you have to study in US.I was always ready for that.As ,US has set the system for so many years and it must right. My husband believes in US system So do I. I cleared GRE as most of H-4 ladies are enough qualified to do that on their own .Driver’s licence doesn’t matter,there are lots of means of commuting (as US is developed nation)? My problem is not with the US system But,but the mentality of my fellow indian sisters “to give up”.(Don’t give up!!).Some of my sisters feel america is fascinating,so they get married .(Golden rush period is over )
But, the ground reality is everything is calculated in money. At least here ,I will encourage the Indian women in US to make their volunteer group ,raise funds to support the depressed H-4.Don’t wait for government decisions.Learn from others experiences. Just do it!!!
Sakshi, I really appreciate your spirit. Way to go !
DD Firstly, don’t just generalize Indians!!
Secondly, the question here is about the rights given to H4 visa holders. Today, I am on H4 visa for almost a year now. I was actively working before, living a fast NY life.. I lost my job due to bad economy and thats fine because I know I am not the only one going through this situation. But looking at other people I feel bad that at least few are able to do some odd jobs, part time jobs or even they are able to get unemployment benefits which I CANNOT GET EITHER ONE…
If the rules for H4 visa were to be changed not just based on the whole visa category but on individual basis it would definitely be a different scenario today. I cannot do any part-time jobs because of visa issues.. My husband’s company had a part-time job available but they cannot spend any extra money to sponsor my H1B visa.
In such a situation do you think its a fair deal with people holding a H4 visa? Why don’t we have some equal rights as others.. we pay our taxes EQUALLY, we pay our bills on time we pay our SS taxes also knowing that we are never going to get it back if we have to leave this country and is this a benefit we get of being so loyal to the country??
DD, you are saying why an unskilled H4 gets a visa if her skilled husband has H1b…
Can you answer this question?. Why an unskilled L2 wife gets a work-permit if her skilled husband has L1 visa?
Why discrimination on H1B/H4 alone?
We are not asking to give the H4 spouse another H1B…we are asking them to give a work-permit (not a skilled labor permit like H1b) so that they can do at least part-time job of their interest…
H4 visas do not only affect Indian women. My husband and I are European and came to the US a few months ago, him being the lucky H1B holder. H1B visas are given ONLY to people with technical degrees – no other company will sponsor you to change your status. I have a MA from my home university and had a career as a self-employed translator, linguist and cultural consultant in the UK. One of the companies I worked for was from the US, but they COULDN’T sponsor me, for I didn’t fulfil the USCIS requirements for H1B. There isn’t any other option for me, plain as that. I have received TWO specialty work offers in the US in the past month, but as soon as I bring up the visa issue, that’s as far as the process goes for me. According to DD, I should have divorced my husband and kept my career in Europe, or I should start studying a degree in Engineering now, in the hope that maybe in five years a company will be interested enough to sponsor me.
I try to be positive and keep myself busy not working (I’m doing lots of things, actually, and trying to see this period as a long holiday from my former job), but it’s not just the not-working, believe me. It’s not the idleness alone. The feeling of being invisible here is HUGE. I can’t do anything withough my husband. I haven’t been able to even apply for a driver’s learning permit yet, as the State I live in requires me to provide 6 identification points that I do not have (as it happens, my passport+visa+lease+medical insurance are not enough proof of identity for the State).
Morti, I understand apart from the point of dependency, the psychological feeling of not having enough visibility is really frustrating. About Drivers’ license permit, honestly, I think you should be eligible. For instance, Check this document from New York State . http://www.nydmv.state.ny.us/forms/id44.pdf
As the document says, You get 4 points for Passport, 1 point for Health insurance and 1 point for Bank Account/ATM card. Sometimes, you can also get 1 point for utility bill too. You should go to SSN office and get a letter stating that you are not eligible for SSN. Also, if you have ITIN number that helps too. You just need to ask once again…. Stay positive and hopefully you find something good.
Hi Morti,
I am sorry if I offended you (or other people) by my comment/post. And I, in no way, want you to divorce your husband and stay back in Europe. I would hit myself twice before even suggesting such a thing.
My comment was aimed only at those men who get US degrees and go back home and then marry knowing the fact that it will be difficult for their wife to get a job with sponsorship in the US. SUCH activities should not be done by men. If you read my comment, you will notice this (the conclusion and bulk of my comment – last 2 paragraphs – were aimed at this solely).
It is obvious that there are other cases, like yours, and I did not comment on them. For example, of course, the discussion in the panel also highlighted that only 75% H4 holders are women, which means 25% must be men. They must not be in the situation I spoke about and I did not comment on them! Also, there are cases when the couple are both on H1-B and one of them loses his/her job, thereby losing H1-B and turning into H4 dependent. Did I suggest that after such a successful marriage, they should divorce because one of them has lost their job? No. Nor did I intend to comment on H4 women in situations like yours (already married or dating and then spouse moves to US on H1-B). I wanted to get my point out to those who go back to their home country after getting H1-B visa from US, then marry and bring a wife knowing that she will be on H4 and hence, dependent. This is common is some societies and people should be discouraged from doing so. However, I agree that I should have clarified this and used a subtler language.
The I-got-a-job-but-no-sponsorship-hence-rejected issue is applicable to engineering students who study in the US as well! Even after my graduation (and before that), there were so many job interviews that I had scheduled with good companies in engineering. However, even these engineering companies did not agree to sponsor my H1-B visa after appreciating my skills in the interview. Usually, I was contacted, asked if I needed sponsorship and then the interview offer was rejected after hearing that I am an international student. Most of the time, I could not even fill out the job application online because I was an international student. Engineering companies do this as well. Ask anyone else and I am sure they will concur with me. (I do not wish to name any companies here).
My date (the girl I am dating) is in liberal arts and is finding a tough time to get sponsorship for her visa. I know her situation, see that she is working hard to find a good job and I completely sympathize with her and you and others and understand your point. However, at the same time, we need to think from the US government’s point of view as well, don’t we?
I also said that there should be flexibility for driver’s license and such rights, if you read the last line in my previous comment. By ‘such rights’, I meant other rights like credit card, bank accounts and other such rights which H1-B holders have, but H4 don’t.
Again, pardon me if I offended you (or others). Also, good luck in your job search (which will sponsor you)!
No offense taken. I just mentioned my case because lots of people truly believe that the H1B is a visa that’s exclusive for Indian citizens and I misunderstood you for one of them.
It is the US privilege to decide which aliens will be allowed to work and which won’t, absolutely. I didn’t come to this country to complain about not working, I came willingly and knowing I would not be able to perceive a salary. It’s the process of ‘getting into daily life’ that bothers me, for as you surely know you need to provide your SSN even to order a bowl of soup (joke). I see that the visa for H1 dependents is the most unfair of the non-immigrant categories, and the working is just the most visible side of it. Think of a man coming from India (I choose this country to continue with the analogy) on an L1. He might as well get married to bring someone with him, and this person will be allowed to work, no questions asked, be it at Taco Bell’s or somewhere else. As I say, I said I don’t want to complain, but there’s no denying that it bites me to see that and also to see how illegal immigrants *may* be granted some sort of amnesty and legal work status while I, who stick to the rules of this country (and work as a volunteer for an immigrant association), can’t.
My thoughts might sound too harsh to the Indian community in general, but here is my honest opinion:
Although it is a pity that women on H4 visas are dependent on their husbands, there is nothing that can be done.
As Ms.Norton (the lady in the pink dress on the panel) correctly pointed out, if Mr.X gets H1B visa, it is given to him because he has a special skill, which the US needs. It would be foolish to say that Mrs.X, just on the basis of being married to him, has that special (or equivalent) skill as well. If she wants to work, she should be on H1B visa as well! But giving work permit to H4 dependents makes no sense. Mrs.X might as well be an illiterate woman. How can we expect her to work in the US? Why will the US allow one more person to join their unemployment lists? If she wants, she should get a real job and get H1B visa. If she is not qualified enough, she won’t get H1B visa…which makes sense, because the US does not want these women to get work permit and start working at Walmarts or serve tacos at Taco Bell! They have plenty of US citizens for it. Why you are allowed work permit is because you have that special skill. And if you think you have that skill, you will manage to get H1B visa for yourself!
Let’s sit back and think: we call it H4 DEPENDENT visa. When a girl in India marries a guy, she should be aware that she is now going to be DEPENDENT on him for everything in the US! When girls marry guys on H1B visa in hopes of the American dream, they should know what they are getting into. Also, when men on H1B visas marry Indian women and bring them here to the US on H4s, they should think twice before making that decision – in other words, you are just getting a ‘house-wife’ for yourself: someone who will cook for you and maintain your home. Wait! Isn’t that slavery? Is that what you want your ‘life-partner’ and ‘wife’ to be? Do you want to turn your Indian college-educated wife (who has a decent job in India) to turn into a mere slave here?
Many people will shun me for my opinion, but that’s how the situation is… Of course, I feel pity for these women and would like to encourage everyone not to get into this situation itself! On the other hand, I feel there should be some flexibility in terms of driver’s license and such rights for H4 dependents.
DD, it is all about from whose perspective are we looking at the issue. I doubt if US Congress will buy on the idea of giving work permit for H4 because of the current economic situation and constraints on Skilled labor… Honestly, in all reality most of the Indian women do not know the hard reality and they think they will be able to change to H1B visa easily or do some other stuff in US like MS. But, the blatant truth is, it very hard these days and they are so dependent on their spouses. I totally agree with the point of Driver’s license and some other basic things that should be given…I think for the most part you can get Driver’s license and ID, just some paperwork though…
But, H4 visa can be converted to F1 visa ,she can study further and can easily get a job. Everyone does like that. I never heard anyone who sits idle with being house wife. Some are getting H1B sopnsership and some studies further and gets easy job as after MS getting job is damn easy in US.
DD u seem to have a very narrowed view on this issue… If we go by that logic… Green card sud be given only to the husband and not to the wife… this issue is debatable… have u ever lived in India? do u know the social pressure some of these women are in? all they are asking is some rights…. being a homemaker is not slavery and sometimes people do change their mind… in other countries it is allowed… all they are asking y cant it be done so in the US…. do remember these women are not asking for free food or fee money…. they want to do a honest day’s labour…
When H1 is filed, lot of vetting is done by USCIS. This includes employer verification, job verification and alien verification. US government cannot issue work permit to aliens on H4 w/o going through that vetting process. The way out is to file H1 (where all vetting will be done) and then you are good to go.
The second reason is that US law allows only 65K work permits per year (not counting advanced degree). If H4 work permit is issued along w/ H1, then that means 130K work permits a year (crudely assuming all H4 aliens will opt for work permit).
The third reason is that foreign nationals are required only for jobs for which companies didn’t find appropriate people in US (at least that’s what the law is). If a person on H4 gets work permit along w/ H1 person, then there is no control what kind of job s/he will do on H4. That is why H1 is the route.
Having said all that, I do believe that it does injustice to qualified people who were working in India, but end up as housewife or househusband in US. Anyone making that decision (i.e. coming to US on H1 w/ wife/husband on H4) should think about all the scenarios before committing to a US job offer. At times people are short sighted and end up frustrated in US.
Don’t take me otherwise. My wife who worked for 3 years in India in top MNCs had to stay >1 year on H4, then apply for F1 (finally on OPT now); so I have some first hand experience of what others are feeling. But that’s how the law is, and it’s our responsibility to know the law and then make the right call.