FAQ

If H-1B spouse loses job:

• H-1B spouse has 60-day grace period to find new job
• Your H4 status depends on H-1B spouse's status
• If H-1B spouse finds new job and files H-1B transfer, your H4 continues
• If H-1B spouse cannot find job, both must leave or change status
• Your H4 EAD becomes invalid if H-1B spouse loses status

Important: H4 status is derivative - if H-1B status ends, H4 status ends too.

Yes, H4 holders can study:

• Can enroll in academic programs (full-time or part-time)
• Can attend vocational training
• Can take online courses
• No special authorization needed for studies

Note: If you want to work after studies, you may need to change to F-1 for OPT, or continue on H4 EAD if eligible.

H4 EAD validity period:

• Valid for same period as H-1B spouse's I-797 (usually 3 years)
• Can be renewed as long as eligibility continues
• Must renew before expiration to continue working
• If H-1B spouse gets extension, H4 EAD can be extended

Important: File renewal 6 months before expiration. EAD expires when H-1B spouse's status expires or if I-140 is withdrawn/denied.

Yes, you can travel with H4 EAD, but:

• Need valid H4 visa stamp in passport to re-enter
• EAD card itself does not allow re-entry
• If H4 visa expired, must renew at U.S. consulate
• Bring H-1B spouse's I-797 and your H4 documents

Important: H4 visa stamp and H4 EAD are separate. You need valid visa stamp to re-enter, EAD is only for work authorization.

If H-1B spouse's I-140 is denied:

• Your H4 EAD eligibility ends (if based on I-140 approval)
• If EAD already issued, it remains valid until expiration date
• Cannot renew EAD unless I-140 is approved
• If I-140 was basis for 7th year extension, H-1B spouse may need to leave

Options: H-1B spouse can refile I-140, or you can pursue your own work authorization (H-1B, F-1 to OPT, etc.).

No, H4 EAD is not available during cap-gap:

• Cap-gap is F-1 status extension, not H-1B status
• H4 EAD requires valid H-1B status
• During cap-gap, spouse is still on F-1 status, not H-1B
• H4 EAD becomes available after H-1B status begins (October 1st)

Timeline: Wait until H-1B status begins, then file H4 EAD if I-140 is approved or spouse is in 7th year extension.

Permanent Green Card (10-year):

• Standard Green Card valid for 10 years
• Renewable indefinitely
• No conditions to remove

Conditional Green Card (2-year):

• Issued for marriage-based Green Cards (if married less than 2 years)
• Valid for 2 years
• Must file I-751 to remove conditions within 90 days before expiration
• Must prove bona fide marriage

Yes, but you need Advance Parole:

• File Form I-131 (Application for Travel Document) with I-485
• Advance Parole allows re-entry while I-485 is pending
• Without Advance Parole, leaving U.S. abandons I-485
• Processing time: 3-5 months

Important: Don't travel without Advance Parole if I-485 is pending. If you have valid H-1B/L-1, you can use that to re-enter instead.

Visa Bulletin is published monthly by Department of State:

• Shows priority date cutoffs for each Green Card category
• Determines when you can file I-485 or get Green Card
• Has Final Action Dates (when visas available) and Filing Dates (when can file)
• Published monthly (around 10th of each month)

For India/China: Priority dates move slowly. Check monthly for updates. Dates can move forward or backward.

I-485 (Application to Register Permanent Residence):

• Application form to adjust status to permanent resident
• Filed when priority date is current
• Processing takes 6-12 months typically
• After approval, you get Green Card

Green Card (Permanent Resident Card):

• Physical card proving permanent resident status
• Issued after I-485 approval
• Valid for 10 years (or 2 years if conditional)
• Must renew before expiration

Yes, you can work while I-485 is pending if:

• You have valid work authorization (H-1B, L-1, EAD, etc.)
• Or you file I-765 (EAD application) with I-485
• EAD from I-485 allows work for any employer
• Can continue working on existing work visa while I-485 pending

Benefits of I-485 EAD: Not tied to employer, can work in any field, more flexibility than H-1B.

Green Card interview (I-485 interview) typically covers:

• Verification of information in application
• Questions about your background, employment, family
• Review of supporting documents
• Biometrics (if not done earlier)
• For marriage-based: Questions about relationship, may interview separately

Preparation: Bring all original documents, be honest, answer questions clearly. Interview can be waived for employment-based in some cases.

Yes, you can lose Green Card if:

• You abandon permanent residence (live outside U.S. too long)
• You commit certain crimes or immigration violations
• You obtained Green Card through fraud
• You fail to remove conditions (for conditional Green Cards)

Abandonment: Living outside U.S. for extended periods (6+ months) may be considered abandonment. Get re-entry permit if planning long stay abroad.

Re-entry permit allows Green Card holders to stay outside U.S. longer:

• Valid for up to 2 years
• Allows absence of up to 2 years without abandoning Green Card
• File Form I-131 before leaving U.S.
• Processing time: 3-6 months

When needed: If planning to stay outside U.S. for 6+ months but less than 2 years. Without it, extended absence may be considered abandonment of Green Card.

Yes, U.S. citizens can sponsor parents:

• Must be U.S. citizen (not Green Card holder)
• Parents can be any age
• No annual cap or waiting period
• Process takes 1-2 years typically
• Must show financial support (Form I-864 Affidavit of Support)

Note: Green Card holders cannot sponsor parents. Must become U.S. citizen first. Siblings can also be sponsored by U.S. citizens (but has long wait times).