How Long H4 Can Stay in US After I94 Expiry
The H4 visa is a nonimmigrant visa category that allows the dependent spouse and children of H1B visa holders to accompany them to the United States. Just like any other visa, the H4 visa comes with certain limitations and restrictions, one of which is the duration of stay in the country after the expiration of the I94.
The I94 is a crucial document for individuals in the United States on a nonimmigrant visa. It is issued by the U.S. Customs and Border Protection (CBP) upon entry into the country and indicates the authorized duration of stay. H4 visa holders are required to maintain a valid I94 throughout their stay in the United States.
The duration of stay for H4 visa holders is directly tied to the validity of their spouse’s H1B visa. Once the H1B visa expires or is revoked, the dependent H4 visa also becomes invalid. However, there is a provision that allows H4 visa holders to stay in the United States for a certain period of time after the expiration of their I94.
The USCIS introduced a rule known as the “H4 Visa EAD rule” in 2015, which allows certain H4 visa holders to obtain employment authorization documents (EADs). This rule applies to H4 visa holders whose spouses are in the process of obtaining employment-based permanent residency (green card) in the United States.
Under the H4 Visa EAD rule, eligible H4 visa holders can apply for an EAD, which grants them the ability to work legally in the United States. However, it is important to note that the EAD is tied to the validity of the H1B visa. If the H1B visa is revoked or expires, the H4 visa and the associated EAD also become invalid.
So, how long can an H4 visa holder stay in the United States after the expiration of their I94? The answer to this question depends on the circumstances and whether the H4 visa holder has obtained an EAD.
If an H4 visa holder has not obtained an EAD, they are generally required to leave the United States immediately after the expiration of their I94. Overstaying the authorized period of stay can have serious consequences, such as being barred from reentering the United States for a certain period of time.
However, if an H4 visa holder has obtained an EAD, they may be able to stay in the United States and continue working legally until the expiration of their EAD, even if their I94 has expired. It is important to note that the EAD is only valid for the duration mentioned on the document and cannot be extended beyond that period.
FAQs:
Q: Can I stay in the United States after the expiration of my H4 visa’s I94?
A: If you have not obtained an EAD, you are generally required to leave the United States immediately after the expiration of your I94. If you have obtained an EAD, you may be able to stay until the expiration of your EAD.
Q: Can I apply for an extension of my H4 visa after the expiration of my I94?
A: No, you cannot apply for an extension of your H4 visa after the expiration of your I94. The H4 visa is tied to the validity of the H1B visa, and if the H1B visa expires or is revoked, the H4 visa also becomes invalid.
Q: Can I apply for an EAD after the expiration of my I94?
A: No, you cannot apply for an EAD after the expiration of your I94. The eligibility for an EAD is tied to the validity of the H1B visa and the ongoing process of obtaining employment-based permanent residency.
Q: What happens if I overstay my authorized period of stay?
A: Overstaying the authorized period of stay can have serious consequences, such as being barred from reentering the United States for a certain period of time. It is important to comply with the immigration regulations and leave the country before the expiration of your I94.
In conclusion, H4 visa holders are generally required to leave the United States immediately after the expiration of their I94. However, if they have obtained an EAD, they may be able to stay and work legally until the expiration of their EAD. It is crucial to understand and adhere to the immigration regulations to avoid any negative consequences.