Will I have any issues applying for an H-4 visa with an approved I-526? - EB5Investors.com

Will I have any issues applying for an H-4 visa with an approved I-526?

I have an approved I-526 and I am getting married soon to an H-1B visa holder. Will I have problems getting an H-4 visa, moving to the U.S., and switching my consular processing to adjustment of status?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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Answered on

It should not be a problem. You are joining your spouse on a non-immigrant visa. Advisably, consult your EB-5 attorney to ensure proper planning is put in place.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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No, the H-4 is dual-intent visa.

Julia Roussinova

Julia Roussinova

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It is possible to do that since H-4 is dependent on H-1B which is a dual intent visa. Plan with your immigration attorney.

Charles Foster

Charles Foster

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No. You will not have any issues applying for an H-4 Non-Immigrant Visa, even if you have an approved I-526 petition, after you are married to an H-1B visa holder. You do not have to prove nonimmigrant intent. Once in the U.S., and a visa number is available, you would be eligible for Adjustment of Status, along with your wife.

Hassan Elkhalil

Hassan Elkhalil

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While you can, it may be faster to maintain the process of the case, since the case is at the NVC stage.

Marko Issever

Marko Issever

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Answered on

No issue doing that at all. This is because H visas are dual-intent visas. As such, you can apply for an H-4 visa with an approved I-526 application. However, assuming you are eligible to do so, once you decide to file for adjustment of status under your approved I-526 and obtain your conditional green card, you are no longer eligible or need to hold on to your H-4 visa.

BoBi Ahn

BoBi Ahn

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H visa status is a "dual-intent" status, which means you can maintain H-1B/H-4 non-immigrant status in the U.S. while simultaneously processing for permanent residency/immigrant processing.

Stephen Berman

Stephen Berman

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In theory you could do that, but there could be all kinds of problems doing this.

Lynne Feldman

Lynne Feldman

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Probably not.

Salvatore Picataggio

Salvatore Picataggio

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A consular officer may be a little more willing to deny a non-immigrant visa with an I-526 approved. They have so much power to deny visa applications for so many reasons.

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