H4 visa processing

[Motley 38]

My sister in law from the Philippines will be getting sponsored soon for an H1b visa. I understand that once it is approved she can then apply for an H4 visa for her spouse and child. 

 

Question 1: How long does it take before the H4 visas are approved? I'm assuming that she would probably need to travel to the USA and her family join her at a later date.

 

Question 2: what is the status of the H4 EAD process now? Can her spouse apply for one and if so how?

 

Thank you for any assistance. I have only done the k1 visa process so this is new.

[SusieQQQ 11,586]

H4 should be pretty quick, it is just a matter of confirming that the derivatives have the required family relationship to the H1B visa holder. (I actually thought you could apply for the H4 derivatives at the same time as H1B?)

 

H4 EAD is only a available when a petition for green card for the H1B holder has been filed by a sponsoring  employer https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses

[arken 4,197]

I hope they know "by soon" means April 2022 for h1b sponsorship unless cap exempt. If selected and approved, all can apply for H1b and h4 visas at the same time and appear for the interview together. COs prefer that way. If visas are issued, all can travel to the US toward last week of Sep 2022.

Edited July 9, 2021 by arken

[Motley 38]

10 minutes ago, arken said:

I hope they know "by soon" means April 2022 for h1b sponsorship unless cap exempt. If selected and approved, all can apply for H1b and h4 visas at the same time and appear for the interview together. COs prefer that way. If visas are issued, all can travel to the US toward last week of Sep 2022.

She is an RN that will be working at a hospital.

[Boiler 45,519]

Not normally suited to an H1b.

9 minutes ago, Motley said:

She is an RN that will be working at a hospital.

 

[arken 4,197]

13 minutes ago, Motley said:

She is an RN that will be working at a hospital.

So no cap exempt. Oct 2022 is the target then.

[Motley 38]

3 minutes ago, Boiler said:

Not normally suited to an H1b.

 

This is a local hospital that is planning to do it. They are going to make her an offer. The director of nursing who my wife knows stated this. No idea how the process works.

[Boiler 45,519]

Just now, Motley said:

This is a local hospital that is planning to do it. They are going to make her an offer. The director of nursing who my wife knows stated this. No idea how the process works.

Maybe they do not?

[Motley 38]

2 minutes ago, arken said:

So no cap exempt. Oct 2022 is the target then.

So if the hospital did a green card based visa is that quicker?

[arken 4,197]

11 minutes ago, Motley said:

So if the hospital did a green card based visa is that quicker?

No

[SusieQQQ 11,586]

48 minutes ago, Motley said:

So if the hospital did a green card based visa is that quicker?

It probably won’t be quicker, but (1) it will be permanent and (2) derivatives get green cards too so no worrying about spouse not working or children aging out of H4 etc. Some things are worth waiting a bit longer for.

[PhilJoe 1]

The EB3 visa would definitely be more convenient in the long run.  As stated above, the spouse can work, plus the green card is sent automatically and good for 10 years.

And it is an immigrant visa as opposed the to the non-immigrant status of the work visa (although they can become immigrants with renewals, etc. just have to jump more hoops every few years).  

The EB3 immigrant category has been "Current" on the Visa Bulletins for several months.  So it might take a little longer but should go smoothly as long as everything is in order (NCLEX passed, TOEFL's score, etc.).

 

Or city has quite a few Filipino nurses.  One of my sister-in-laws came over 4 years ago on the EB3.  My wife became a nurse after we had been married about 4 years.  I have met a lot of Filipino nurses through them in that time and have become somewhat familiar both visas, more so the EB3.  Good luck to your sister-in-law.

 

 

 

 

[SusieQQQ 11,586]

3 hours ago, PhilJoe said:

plus the green card is sent automatically and good for 10 years.

LPR status is permanent regardless of the GC expiry date, as long as the basic conditions (don’t stay out the US longer than a year and don’t commit a deportable crime) are met.

Edited July 10, 2021 by SusieQQQ