What Is An H4 visa? Can H4 Visa-Holders Work? Can They Start A Business?

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H4 is a non-immigrant category visa that allows the husband or wife, and unmarried children of certain H category non-immigrant workers and trainees to come to the United States.

The following are the H category visas:

H1B: Temporary workers in “specialty occupations”

H2A: Temporary agricultural workers

H2B: Temporary skilled and unskilled workers

H3: Trainees

Can H4 visa holders work in the United States?

Yes, certain H4 dependents can work at the moment. On May 6, 2014, the Department of Homeland Security (DHS) announced rule changes that would allow certain H4 visa holders to request employment authorization, provided the H-1B worker, on whose dependency visa the H4 visa holder is in the United States, “has already started the process of seeking lawful permanent residence through employment.” To know more information on h1b visa sponsorship jobs check Orphosys Corp.

According to DHS, the eligible individuals would include the following:

A. Those H-4 dependent spouses of principal H-1B visa holders:

B. Who have an approved I-140 or “Immigrant Petition for Alien Worker”, or

C. Who are pursuing a green card and have received an extension of their “authorized period of stay” in the country “under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) as amended by the 21st Century Department of Justice Appropriations Authorization Act.”

Can a H4 visa hold start a business in the United States?

The H-4 can certainly start a business, according to immigration lawyers. However, Attorney Sheela Murthy of Murthy Law Firm advises that “it may not be very wise to put your house on the line, et cetera if you and your spouse both don’t have green cards.” She adds: “If have to leave the country unexpectedly on 30 days’ notice due to your spouse’s H1-B contract not being extended for any reason, you could lose everything.

“The spouse of an H-4 wouldn’t be able to become an active partner in the business because it is a violation of H1-B status to work for any other employer except the employer from whom you have an H-1B petition.”

Can a H4 visa holder change to another category?

Yes. According to USCIS, “H4 nonimmigrant can apply to change to another nonimmigrant status” as long as one is not “currently in a nonimmigrant category that does not allow a change of status.”

Can H4 visa holders attend school without changing the visa status?

Yes, H4 visa holder can “attend school without changing to another nonimmigrant status.”To know more details on h1b recruiting agency visit Isc2013

Can H4 visa holders extend their stay?

Yes, H4 dependents can extend their stay as long as the persons on whom they are dependent are extending theirs.

How Long Do Early Intervention Services Last?

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Early intervention services usually last until a child’s third birthday. But that doesn’t mean you’re suddenly on your own when your child turns 3.

Your child’s service coordinator will hold a transition meeting to talk about moving your child from early intervention services to special education services under IDEA. These services can pick up where early intervention leaves off.

A few months before your child’s third birthday, you and the early intervention team will discuss the transition.For H1B Visa Process Visit UT Evaluators.

This will help you find out how to prepare your child for what’s next. If your child is eligible for preschool special education, a member of the local school district will work with you, too.

What if my child is already 3 years old?

If your child is already 3, it’s not too late for help. As with a younger child, the first step is getting an evaluation. It will determine if your child needs special education or related services.

If your child is eligible, you’ll meet with the school to develop an Individualized Education Program (IEP) for your preschooler. In addition to special education, this might include related services similar to those for infants and toddlers.

A lot happens in these first few years. And for kids who aren’t on track developmentally, early intervention can make a huge difference.To know more information on H1B Visa check Msresearch

For more information, learn about what an early intervention evaluation looks at. And read up on common myths about early intervention.

H-1B Visa Transfer Qualifications & H-1B Visa Transfer Documents

Individuals with H-1B visa status, or previous status, have the ability to transfer to a different employer. The visa holder does not have to receive permission from the former employer for the H-1B visa transfer, though the individual does need to follow non-compete laws or any other contractual agreements the individual might have conceded with the employer.

In order for the H-1B holder to change employers, the new employer is required to submit an H-1B visa transfer petition with the USCIS. The H-1B visa holder cannot file on his/her own behalf. It is important for the individual to not have conducted any unlawful acts in the U.S. or violated his or her status. Otherwise, the petition will most likely be denied. Check for H1B Visa Process in UT Evaluators

H-1B Visa Transfer Qualifications:

A. The individual must start employment on the date indicated on the H-1B transfer petition submitted with USCIS. The individual must be under H-1B status.

B. The individual has the opportunity to start working the day the employer receives the receipt from the USCIS.

C. If the individual has incurred a gap in employment (ceased employment with H-1B employer prior to transfer), it is advised to file premium processing

D. The individual is obligated to provide pay stubs as evidence of employment, however, it is possible to submit other documentation i.e. a letter from H-1B employer or leave of absence letter.

In some instances, it may be difficult to determine whether you adhere to the qualifications. If that’s the case it’s best to contact our H-1B transfer attorney so we can explain the qualifications in depth.

H-1B Visa Transfer Documents:

Like with all immigration actions, there are many documents that must be acquired and filled out comprehensively in order to start the bureaucratic process of transferring your H-1B status to a new job. There are transfer documents required from both you, the H-1B holder, and your employer sponsor. For H1B Visa Evaluation Visit here

H-1B Visa Holder:

A. U.S. visa, I-797, and I-94

B. Resume

C. Paystubs, letter from employer, or leave of absence letter

D. University Degree

E. University Transcript

F. Academic Evaluation

G. Letter of Recommendation

U.S. Employer:

A. Letter of position containing the job title and salary. It must be signed by the employer and H-1B visa holder.

B. An in-depth description of position responsibilities and duties.

C. Marketing material from company

D. Financial statements, annual reports, or business plans

The Timeline Of The H-1B Cap


It’s no secret, the H-1B visa is one of the most popular visas available. When you look at the relatively simple eligibility requirements, the long duration of stay, and the visa’s portability, it’s easy to see why this is the case. However, one of the major impediments to obtaining this visa is the H-1B cap. In this article, we will discuss why the H-1B has an annual cap, how it works, and what you should do if you are selected.

The H-1B cap is a numerical limit placed on the amount of foreign workers authorized to work in the United States annually under H-1B status. The H-1B cap was created with the Immigration Act of 1990. The act was meant to allow the employment of non-immigrant visa participants by a U.S employer. The cap initiated on October 1, 1991 and had first reached its maximum of 65,000 in 1997. Check for H1B Visa Process in UT Evaluators

In October of 1998, the American Competitiveness and Workforce Improvement Act (AC-21) sought to increase the cap in order to meet U.S. hiring needs. The act was approved and had temporary increased the amount of available H-1B visas from 65,000 to 115,000.

Though the quota was further pushed to 195,000 by the 21st Century Act in 2000 to accompany an even greater demand for workers. However this number did not remain at 195,000, in 2004 the H-1B quota was reorganized back to 65,000 visas available.

The H-1B Visa

In 2004 the cap was reached less than five months after opening date. Ever since then the cap has reached maximum within months after opening. Currently, the H-1B Cap dedicates 6,800 of the 65,000 H-1B1 visas for citizens of Chile and Singapore. This exception exists because Chile and Singapore are listed under the free trade agreement.

Any unused H-1B visas from the Chile and Singapore category are added to the next fiscal year. These H-1B visas are distributed in the first 45 days of the next fiscal year which actually allows for the USCIS to grant more than 65,000 H-1Bs. For H1B Visa Evaluation Visit here

The Master’s Cap

Additionally, anyone who has a master’s degree or higher (advanced degree) in their field will have their petition entered into the master’s cap. This is an addition to the cap of 20,000 slots (essentially bringing the total cap to 85,000 available visas). Petitions will be chosen from among all other petitions for those with advanced degrees.

Any that are not chosen will be re-entered into the regular cap of 65,000 which takes place afterward. Essentially, this means that your petition will have two chances of being selected. This is the only way that you can increase your odds of selection in the H-1B cap.

The three main requirements for the master’s section of the H-1B cap are:

A. You must have received your master’s degree from a U.S. institution

B. That institution must be accredited by a nationally-recognized agency

C. The institution must be either public or non-profit

What Are The Requirements For H-1B Visa


The H-1B visa is a nonimmigrant visa (temporary visa) that is designed for those with specialty occupations to work in the U.S. If granted, you will be able to work for an initial period of three years with the opportunity to get an extension for three more years for a six-year maximum.

If you meet the H-1B requirements, then your employer (not you) must file an I-129 petition with the USCIS on April 1st of the year that you wish to start working. Due to the overwhelming number of petitioners that apply each year, your petition will be entered into an annual lottery in which only 85,000 petitions will be randomly selected in two caps. Check for H1B Visa Evaluation in UT Evaluators

The first cap has 20,000 slots available for those with advanced degrees. Any petitions for those with advanced degrees that were not selected in this master’s cap will be resubmitted to the regular cap of 65,000, giving them a second shot at being selected. The only way to avoid this cap is to have a job that is for an institute of higher education, a non-profit organization that is associated with an institute of higher education, or a governmental research organization. Also, if you have already been counted against the cap, all subsequent petitions will be considered cap-exempt.

If your petition is selected, then it will be processed. If it is then approved, then you will be able to start working on October 1st of the year that you petitioned. This all goes into the overall H-1B requirements because, even if you meet all the qualifications, your petition must still be chosen in the lottery.


It is also important to remember that each H-1B visa applicant also needs to have their employer file for a Labor Condition Application (LCA) on their behalf. This is similar to the PERM Labor Certification needed for employment-based green cards, but it is a bit less involved.

To obtain an LCA, the employer needs to make four attestations that serve as requirements:

A. That the prevailing wage has been determined for your position in your geographic area and the employer willpay  you this wage as a minimum for your position. For H1B Visa Process Visit here

B. That your employment will not be detrimental to the workers currently working for the employer.

C. That no strike is currently taking place. Essentially, the employer must show that you will not be replacing striking workers.

D. That all of the workers currently employed with the employer have been notified of the intention to hire you.