H-4 Visa Allowed for Spouse of H1B Who Files an AOS
Posted Aug 28, 1999

Although we have answered this question in previous editions of our Immigration Law Bulletin, since we at the Law Office of Sheela Murthy have often been asked this question, we are repeating it here, in view of its importance. In a recent email requesting a clarification regarding issuance of an H4 visa for the spouse of an adjustment applicant, the U.S. consulate in Chennai, India, confirmed the position that the spouse should qualify for the H4 visa stamp as long the principal H1B applicant is in valid H1B status with the same employer.

Effective July 1, 1999, the INS regulation authorizes an H1B applicant who has maintained H1 status during the pendency of an adjustment of status application to travel and reenter the U.S. without an advance parole. If an H1 who has filed adjustment of status travels outside the U.S. and then gets married, in light of INS's recent regulation, the Consul should grant the spouse the H4 visa and the INS at the Port of Entry should allow entry for the H4 visa applicant in H4 status to allow the spouse to enter the U.S. with the principal H1B applicant who is returning to the U.S. in H1B status to work for the H1B employer.