H-4 visa. Can i apply for a visa for my kids.?

Question

If someone is working with a H-4 visa in the states, can i apply for a visa for my kids who live in my country of origin.

When originally moved to work they were not petitioned as i left them with their father to come work? Should i apply a the local consulate of my country?

Answer 1

Well, there seems to be a bit of confusion here. An H4 visa holder is not allowed to work. An H4 visa holder is the dependent of a spouse or parent on an H1b skilled worker visa. If you are here on an H1b visa, then yes, you could have them apply for H4 visas to join you, if you make enough money to support 4 people.

Edit: The H4 applications would only go to USCIS if the children were already in the US  and needed to apply for a change of status. Of course they need to apply directly at the embassy or consulate. USCIS doesn't do visas and those can't be issued within the US.

Answer 2

H4 visa is not valid for work.  It is a dependent visa.  Dependents cannot bring in dependents.  If you have an H1 and can prove you earn enough to support all of you, then you can apply for dependent visas for your children.  Those dependent visas expire the same time yours does.  And if you quit or lose your job, all of your visas are immediately cancelled and you must leave immediately at your expense.

And applications have to go to USCIS.  Your consulate has nothing to do with it.

And are you and your husband both going to be accompanying the children when they come to the US?  US does not generally admit unaccompanied minors.  Unless both parents are accompanying the children, the absent parent must provide notarized and verifiable written permission for them to travel with the other parent, or else the parent must have a court order of sole custody, or death certificate of the other parent.  In other words, a parent must prove permission of the other parent or sole authority over the children.