Miscellaneous

Read the real story behind H4-Visa (H1B’s dependent)

caged-bird

This is a real-story of a well educated Indian girl who married an Indian guy in US working on H1B visa and migrated to US on a H4-Visa. Here goes her story in her own words:

For those who’ve watched the award winning Tom Hanks’ movie The Terminal, life in the US on a H4 visa initially felt the same: arrested. Though America did not encage me to the airport, it did not give any wings to fly either.

From Wikipedia: An H-4 visa is a visa issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders.

USCIS allows immediate family members of H visa holders (H-1A, H-1B, H-2A, H-2B, or H-3) to get H-4 visas to lawfully come and stay in the US. These visas are usually issued at the local US consulate office abroad. However, if the person is already in US, he or she can obtain H-4 visa by filing Form I-539 for change of status.

H-4 visa holders are not eligible to get a Social Security Number and cannot be employed, but can hold a driver’s license, open bank account(s) and get ITIN for IRS Tax purpose.

I was stripped of the very rights that defined my existence: a) right to work and earn my living, b) right to vote and make a difference to the life around me. With no social security number (the governmental definition of existence in America) I could not officially have a bank account, buy, sell or rent anything on my own name. My wings were officially clipped.

Yep what was supposed to be a honeymoon seemed pretty much like a nightmare initially.

But the first rule of survival as they say is adaptation. And that is where my life began.

Since I could not officially work, I took up voluntary work. I started with helping an immigration lawyer for some non-profit work. I met new people, networked. Not exactly the plan I had for my career but it was a start. At least I was learning the norms and rules of this new country. I now have enough experience and exposure here to go look out for a job in the globally competitive American market. And the contacts in the immigration law firm should now come in handy!!

Also within 4 months in the US I got my driver’s license (yep you can get a driver’s license on an H4). Getting my own car and being able to go from one place to another on my own was really like being born again. (Of course the insurance is in my husband’s name and I don’t at all mind him paying the bills).

In India I had everything: a caring family, an eclectic group of friends and rightful citizenship. But I lacked the ability to value what I had. And value for my homeland is the biggest gift America has given me.

Also I learned to cook, do my own laundry, and do the grocery. Funnily being able to do these inane chores on my own makes me feel more independent and in control of my life.

So when I do the math of what I have lost and what I have gained it pretty much balances out.

Update: I just saw a good article on H1B in TechCrunch.

Time for polls:

Popularity: 3% [?]

Discussion

Comments for “Read the real story behind H4-Visa (H1B’s dependent)”

  • g
    i would like to reply to people who think there is no human rights violation in not letting people on h4 visa work. if any country on the face this world make a rule that i will not be able use my hands and legs to earn my bread and butter - it IS a violation of human rights. I might not be granted a h1 b visa, i may not be qualified to do a white collar job but i should be allowed to work according to my physical and mental capacity and earn my living.
    Zimbabwe has a lot of rule and regulations but all in violation of human rights...just becoz this is america and we soo love being here that does not mean that we cannot differentiate from what is right and what's not. you are correct, that h4rians should hop on a plane and leave the country but why should we leave our husbands and kids. we are law abiding citizens...a country where even illegal immigrants work, why cant WE?? 16 year olds can drive but we are denied a driver's license...WHY? if you welcome h1b visa holders in your country then you have to respect their family memebers too ... they r not slaves who will work low wages and keep their wives and kids on a humliating visa like h4. moreso in a country like america, where they boast of freedom, democracy , equality and the rest...
    i know how it feels like i was on h4 , i develpoed loads of hobbies, went to college, worked my way up...it is tough for people on h4 , if you dont understand them , atleast dont be rude.
  • So you guys are saying that if the H4 holder doesn't like the terms of don't like it then they should stay in their home country and sit back while it destroys their marriages?
    That's insane. H1B holders sacrifice a lot, they might get paid the same as a U.S citizen in the same position, but personally in their lives and emotionally they sacrifice a lot. Especially in marriages, it breaks them sometimes...Another thing to consider is the children when they graduate high school here in the U.S, they can go to college but they DO NOT RECEIVE ANY FINANCIAL AID. Now, why is that? If the H1B holder pays taxes like every other decent American why can't their children get some financial aid in colleges? That is just so unfair, unethical and...simply weird. They get a lot more out of H1B families than filling in the jobs that American's don't want to do in the first place...-H4 Holder, Child of H1B
  • Jan
    A much misinterpreted post, I would say.

    Been reading all the arguments and counter-arguments. Being an H4 girl first, and then being an H1 person, I can say that nobody is wrong. Everyone is right.

    When I read her, I can very well relate to what she has written about the starting days. However you read H4 rules, however hard you are prepared, initial days are really frustrating. You feel like hell sitting inside home and not able to do anything. Especially, if you were a busy professional back home, the situation becomes worse. (It is nobody's fault. But when we feel bad, do we really think who is at fault?).

    But, look at the second part of the post. She has beautifully written how to make use of the days fruitfully. Volunteering is a very good option. You get to socialize with people, understand culture and most importantly, remain positive in life. Also, you get to add something to your professional profile, rather than showing a blank in the H4 years.

    What I did was : I prepared for certifications. Also, I kept brushing up my technical topics, kept busy and active in online technical forums. Also, increased my networking in linkedin etc. When time came after one year, I applied for my H1 and I was lucky enough to get it.

    I know many H4 girls sitting and cribbing about the law. Instead, they should read this post and remain positive in life.
  • goback2india
    I hate when ppl have double standard. If you dont like the life of USA go back to India. Americans were not begging n asking u to come over here. You are the same immigrants who in india would sit in u r case n watch cricket rather than voting. You say H4 visa needs to be revamped. I say nothing should be done. I am indian and I c what we do over here any most of the ppl curse over here. Y the hell u came go back to INDIA.

    What you have loss? R u kidding me this country has given back never taken nething from nebody.

    GO BACK TO INDIA
  • rama1977
    Hi,

    I would definitely like to tell you the hidden truth behind life of h4 visa holder who are mosly women- working or non working...
    H4 visa women- comes to USA (no right to earn)
    Please try to understand the social stigmas in a country like India ..where living alone without husband (who is working in US).
    People will never let you live..you will always be bombarded with thousands of questions and disrespected (as well not only you people will point fingers on you and your parent which anyway hard for an indian girl to resist.)
    So finally h4 visa women is forced to come to USA,leaving her job career.
    In USA the h4 visa women (lack the ability to earn and be financially independant)becomes a victim in hands of husband and sometime phtycally,mentally and emotional torcherd.
    Is it not against human rights? treated like a slave..
    Is there any solution..
    so the only choice left with her is to either return back to country and again be a victim in hands of society or remain in USA and be a victim of your owm husband. If US goverment considers at least a little bit of the mental situation of h4 visa women. it wld be helpful.
    Or can atleast make a certain limit to earnings or can levi more taxes for her can definitly make the situation much more better
    please help..Please understand...i request all the h4 visa women to stand up for there rights and request all the American women to understand the situation which is hard for me to write down on here and support H4 visa women to get the right to earn and be financially independent.
  • Rajesh
    Long GC waiting time adds to the mysery of H4's. Join the community at www.immigrationvoice.org to raise our issues through the right channel.
  • Indian Female
    To karenjoshua, it's a typical Indian knee-jerk reaction that you have there in your post. You don't know anything about me and my background so don't jump to the conclusion that I'm in any way less educated than you are. Also, gratitude and humility aren't representative of "a** ki**ing". One can have self-respect and be grateful for the opportunity to work and explore around the world. I read the author's article more than once before I posted my initial reaction. She seems to have a sense of entitlement which I have issues with. The present crop of H1Bs that arrive from India do have that arrogance and sense of entitlement and most people I work with do see that. So keep your judgments to yourself, ok. Learn not to over react like a typical Indian would. Also, I have nothing against Indians since I am one myself but I do have the right to call a spade a spade. Enjoy your day.
  • neeraj_dude
    To most people who make a reasonable point about how granting the H4 work rights is the equivalent of awarding two H1-Bs, the bottomline is return on investment.

    Would you rather have the H1-B contribute to the US while worrying about her/his family at home that feels enslaved? What productivity do you really expect of her/him? I doubt someone with an unhappy family can work to one's full potential.

    Take a step back...would an H-1B who makes this compromise be the best of the breed? Don't you think the current policy rewards desperation more than competence?

    I would disambiguate this by making H-1Bs much harder to get and opening the options to work for the families of H-1Bs.

    At the very least, there is considerable inconsistency in allowing L2s to work as compared to H4s since the former have a greater chance of displacing American workers on a short-term basis by virtue of being on a non-immigrant visa. For the ignoramuses that have calling H-1B a non-immigrant visa, note that it is dual-purpose (usable for either non-immigrant or immigration purposes).
  • Indian Female
    What an ungrateful female. It's stunning that she disparages the very country that offered her so much. Tell her to try going to Saudi Arabia. Then she'll learn the true meaning of "encaged". And using terms like "yep" doesn't help her credibility anyway. What makes her think she has all the rights in a foreign country? And who stopped her from finding a company to sponsor her own H1B visa? Such people shouldn't be allowed into America ever. And before you jump on me, I'm an Indian female who has lived and worked in the U.S. for many years now. Because of bloggers like this disgusting and ungrateful female, many people in America look down upon Indians as ungrateful and arrogant people. Shame on you !!!
  • karenjoshua
    @Indian Female: I want to call you the stupid female because you obviously do not know how to read and surely do not know how to write. If you did know how to read you would not have missed the most important aspect of reading an article called the “Perspective”. You have not only missed the point but have misconstrued the writer’s message as well. “Life in the US on a H4 visa initially felt the same”. The word “Initially” explains that this article will progress in time and it does by the end of the article.

    But that aside I have a serious objection to your statement that she needs to be “Grateful” to this country. One is grateful to someone who has done one a favor. That assumes a relationship where one gets a favor from a benefactor/Patron. H1B workers are very educated and talented people who come to the US because there is a NEED for their expertise here. In return they get a job and get paid. Nobody does anybody any favor. But as you obviously aren’t very educated I guess you must have to kiss your boss’s ass to keep your job and he/she must be indeed doing you a great favor by giving you a job. You indeed should be grateful that you are employed. But honey for the rest of us who are educated and smart we do not have to stoop to that.
    We love America because it RESPECTS diversity and gives everyone their own space and autonomy. Apart from you kiss-asses, nobody thinks of Indians as Arrogant. They are the most respected and affluent group of immigrants in the US. If you would read or follow the news you would know. But then ass-kissing keeps you too busy to be able to look around and see reality.
  • I can see how educated you are with the comment like this one. First of all she never wrote a word of hate against this country and secondly she is just trying out to bring out the plight of people on H4 visa (which I can definitely guess you never had).

    H1B visa is specialty occupation visa, you need to have some specific skill-set to get the visa. So, as per you anyone who cannot get H1B but are allowed to stay here for 6-9 years should have no rights to work and earn. Also, try and find out how immigration system work in other developed countries like (UK or Aus). Forget that, just see how L1 dependents (L2) are allowed to work in US.

    Even now, if you don't get the real sense of this post, I would politely ask you to just think at-least once before you write anything like this again. Try to learn some etiquette and respect people's opinion even if they are not in alignment with yours. That's what I think is America all about.. democracy! I hope this makes sense to you!
  • bashmohandes
    I couldn't agree more, the H4 visa laws are not fair by any means, it is like a prison, I hope this changes in my lifetime
  • I would say that you actually gained by coming to the U.S. You obviously gained some marketable skills. Now what you can do is to seek sponsorhip of your own H-1B visa.
  • sharad
    Please apply H1B and if you are qualified enough they will approve you.

    -Fellow H1B Holder
  • karenjoshua
    @Sharad: Well the choice to apply for a H1 Visa is a no brainer. Yes if she is qualified she can apply. But with the exceedingly large number of applications the past two years the H1B visa has been reduced to a lottery. It is unfair to everyone who applies and qualifies. Because the consideration for qualification is no longer the qualification itself but luck. As bad it is for all concerned it is extra difficult for H4 applicants whose lives are at the mercy of this game of luck that the US immigration has been reduced to. Hence applying for H1B visa in itself is not a complete solution.

    About the question of Cap: Bill gates had gone to the congress last year and asked to increase the H1B cap because there indeed a demand for more foreign workers. So there is a demand. But we also know that there is a lot of misuse of these visas by IT companies across the world and hence a lot of qualified workers are suffering due to the greed of the few. From US's perspective they really need to look into their laws as there is a huge gap between their laws and how they end up being practiced. I think the conversation should be about how can we make this law more practical and workable for all.

    Comments welcome :)
  • sharad
    @Karen I agree with you for lottery in 2008 and 2007, but this year and I believe moving forward(hopefully) if she is qualified enough for job offer and company is willing for H1B there is no lottery if applied on time.

    But if she is not qualified and than expecting work visa ( among more qualified candidates ) is not fair.

    Just because she married H1B holder, she is not 'above' more qualified US citizens and / or students who come here and work their way through graduate school and than look for job and visa.

    She should understand before marrying H1B holder that she is coming here as dependent and need to work towards her credentials( if necessary) for legal work visa. Other wise she have choice of living and working in homeland.

    I believe system is fair in its present form and this blog entry is 'good entry in personal dairy' rather than discussion of H4 visa non work status as misunderstood by some.
  • Ram
    Mr
    Sharad
    Are you Indian? Just curious because
    Then Answer this : How is giving citizenship to illegal citizens is very good form then a girl on this article requesting to just consider more working rights on H4 Visa.

    There is nothing wrong in USA to ask for ones own rights!! and mind you except native americans no one owns this land. ...This country is like this bcz of immigrants..and nothing wrong in asking for immigrant rights...

    Now just stop speaking like an American advocate and take out your coated white skin and become brown...that what you are fellow H1B!!
  • Ramaya
    The answer is simple. The Government should treat L2 Visa at par with H4 Visa. Why should they differentiate. When an H4 visa holder applies for a EAD the USCIS can evaluate the education and approve EAD only for graduates. There are many good teachers in Math/Yoga/Dance in H4 visa holders who are not able to contribute and support the economy becuase of their status. And the H4 visa hodlers with these skills can earn and contribute by way of income tax to the Country. Their purchasing power will increase and this will boost the economy. I believe this is what Obama is thinking. ie., to spend and boost the economy. My appeal to USCIS. Please think outside the square.
  • mdt123
    The USA is not simply an economy or a business park. It is (or was) a sovereign country with a constitution. Who should come here depens not simply on economics but what the citizens want and decide.
  • Debug
    If you don't like America, so easy hop on a plane and go home to India. We don't need you here.
    We just want people that want to assimilate and live the American way of life.

    Nobody is taking your rights America does not need ungrateful guest workers. First of all,
    H1 and H4 are not immigrant visas.
  • amanpatelonline
    I don't agree with you. If We don't come to your country than american's doesn't have work ethics. They don't work hard. They only work for 8 hours. They don't stay late when problem occurs. We stand there.
  • sharad
    @Amanpatelonline , your statement may or may not be correct but your basis is definitely wrong .

    You cant do profiling (as you said 'Americans') based on your limited data.

    Lets assume you worked 10 years in US on 8 different projects spanning 1-2 year , and average team size is 10 and out of 10 , 5 are US citizens . By observing 40 US citizen you cant profile 'Americans' by strong words like " No work ethics , don't work hard , don't stay late".


    -Sharad
  • >If you don't like America, so easy hop on a plane and go home to India.
    - Who said that he/she doesn't likes America. America is one of the best country on the face of the planet, no doubt about that.

    >We don't need you here.
    - Then talk to the govt. and ban all H1B, L1 and green card process or better next time vote for a government which has same views as your and probably you can see no more people on H1B/H4 or any immigrants then. Also, talk to all the companies (esp technology) to not to hire any more guest workers.

    I would like to restate -The author only opines that the laws needs to be looked into and revised. No controversies. Period.
  • sharad
    Law for H4 visa is fair in its present form as per my understanding. Law of L2 is not fair for US citizens on the other hand, who took huge loans for college education .

    - Fellow H1b Holder
  • mdt123
    "In India I had everything..."

    So why not stay there? If you move to Siberia, will you have everything you had In India.
    If you read your H4 visa terms, you would have known the situation before moving here.
  • Question here being discussed is not about whether one knows the H4 terms or not. Question is, are these H4 rules good? whats the point of giving the H1 visa to an individual when his/her spouse can not work? If the spouse is well educated of course there will be lot of frustration for not able to work. H4 person is always dependent on other earning H1 person. As a common sense relationship in marriage will have adverse effect as the earning member will have superiority complex of running the house.
  • mdt123
    So you are saying because an H1 is given to an individual based on specific job skills considerations, an automatic work permit be given to their spouse regardless of what the spouse skills are. Effectively, two H1s for one. H1 is strictly based on filling a specific job, not for the convenience of the applicant's lifestyle. If they are married, then that may not be suitable life for them.

    What this really points out is the entire fallacy and abuse inherent in the H1 program. If someone is really needed to fill a job that cannot be done by an available America, they should be given a GC with full rights.
  • sharad
    Why ?
  • I am not at all giving another H1 to other spouse. H1 is for highly skilled labors. It should be - H4 person should be eligible for H1 based on her/his skills. And this eligibility should not be part of 65k quota, so she can apply for it when she is in US.
  • mdt123
    Yes, sure. Why really have any cap or quota at all - anyone who wishes should get a H1 or GC should get one on demand. why not? Is there any reason for any caps on visas in your opinion? How many people would move to the US from hellhole countries you think?
  • karenjoshua
    a
  • karenjoshua
    MDT123: First of all please do not insult India as a hellhole. This is a forum for people who would like to have a open minded discourse on a issue with the purpose of finding a solution if possible. There is no room for dogmatic bigots who are unable to express their stand without insulting others.
  • Current quota is definitely reasonable and should be there. It definitely make sense to have some kind of restrictions on visa.

    The whole issue is that even in countries like UK, Aus etc spouses are allowed to work. Can you believe in UK even a foreign student's domestic wife can work and earn money.

    Lets not be very opinionated about the issue and let just have a meaningful discussion.
  • walterbyrd
    > I was stripped of the very rights that defined my existence: a) right to work and earn my living,

    Stop right there. You were not stripped of any rights. You never had those rights to begin with. I am a US citizen, I do not have the right to go to the country of my choosing, and legally work there. Why do people from other countries so arrogantly believe that they have the "right" to work in US?
  • sharad
    Agreed

    - Fellow H1B Holder
  • karenjoshua
    The stripping of the rights happened not with respect to the US as a country but to the individual as a human being. The writer is trying to explain without any judgment on the US policy, the consequence of such a situation on her personal life and the change in her perspective of things around her. In fact what she is saying is that only when she stepped out of her country that she began to appreciate the full meaning of "freedom" and "citizenship" that she had taken for granted in her own country. That it made her appreciate her own country more. So she pretty much admits to her naivety in her article.

    But the H4 visa is still an issue that needs to be addressed by the US congress. Every year 65,000 skilled workers are admitted to the country. The minimum length of stay for these workers is 6 years. If they choose to begin the Green Card process it can be n number of years. The spouses of these professionals are not allowed to work until the filing of the Adjustment of Status application which under the current backlog can take up to 10 to 15 years to file. To not allow an individual to work for so long is brutal.
    To answer the question why should an immigrant assume the right to work in a foreign country: No they should not assume the right to work. But having come to the US with the motive to be part of the US economy and society for such a long period of time, they need to be respected and be given basic rights to earn their living, to be able to rent an apartment, to have social security.

    Any law needs to be reviewed in the light not just of its economic effect but the social, psychological effects have to be taken into account as well. A lot of these spouses who come to the US on H4 are mostly educated individuals and professionals who have spent their whole lives working towards a career. And marriage to a guy/girl working in the US on a H1 puts an abrupt end to that. This is a contributing factor for a lot of dissatisfied and unbalanced relationships.

    What one would like to see is a legislative reform that is a practical and fair law to all: the US citizens as well as the immigrants who are major contributors to the US economy and Society.
  • vineet7878
    Walterbyrd is right, but hey the problem is uptill few years ago it was much easier to jobs and shift to H1 from H4. Secondly the difference in salaries nowadays are not as significant as it used to be. So spouses now coming in last few years are realizing that coming to USA is not dream come true any longer. It will take some time for the people to realize this.
  • First of all, H4 is no tourist visa where a person comes to visit a country for few days/weeks/months. Typically H4 is valid as long as primary H1B is valid, that can be minimum of 3 years and maximum can be anything (if he/she files for green card).

    Think it from a humane point of view, this post has nothing against any country laws or any citizens. This just be make people aware that immigration system may be broken and need to be revised. All other countries such as UK, Aus etc allows spouse/domestic partners of immigrant to work and earn.

    "stripped of any rights" - is in reference to a human perspective not w.r.t any country or its citizens. I truly believe that if anyone is allowed to stay in a country for extended period of time (i.e. more than what a tourist visa allows) then he/she should have a right to earn livelihood.

    >Why do people from other countries so arrogantly believe that they have the "right" to work in US?
    - I think post is only related to legal immigrants (a provision given by laws of this country). The work permits are approved under American laws.

    Well, we can debate forever on this topic but I truly believe in a global world and global economy.
  • wasker
    Wait a second. I'm no US citizen, but walterbyrd is right -- it's not my country, so I have to play by their rules. Unfair? Well, I could very well stay in Ukraine and "enjoy" all my rights there in the first place.

    If you are coming to someone else's country, you have to sacrifice something. I think "well educated indian girl" could have figure it out before coming here and crying for "rights stripping".
  • ankit_mmmec
    I read this H4-Visa Story from the very 1st posting along with all the replies, and was very much convienced with all the points given Story writer, shankybaba, ramraj and Vineela.
    But when i read all written by walterbyrd, a spark came to my mind and heart both that what if i would have been in walterbyrd's place (pure US citizen).
    I feel there is a simple rule for this(at least in this context):- If some one is getting one thing then may be some one is loosing some thing, and it will surely hurt.
    And even i wont like this.
  • Vineela
    very well written... I can so relate to your story ... :) ...
  • ramraj
    USCIS should allow for H4 visa holders i.e. just like L2 visa holder can work
  • sharad
    Why ?
    What about those who were born here ?

    This country will make rules keeping its own citizen in mind first.

    I believe they should take L2 work privileges , its not fair in present form.

    - Fellow H1B Holder
  • The media portrays all the people working on H1B as people who are replacing Americans from tech jobs. But I think most of the people on H1B sacrifice a hell lot more than anyone can ever understand.

    My heart goes out to all very well educated dependents (mostly ladies) who are in US on H4 visa! Ii can just pray that US immigration system does something about this.

    Please spread this post and lets try to highlight the basic human rights issues related to H4 visa.
  • sharad
    These ladies have choice "they can file for H1b " and if they are well qualified visa will be approved.

    Please note H4 visa is "dependant visa" it is not work visa.

    There is no human rights issue here , system is fair in its present form.Everyone have choice :
    1. You have choice to go back to your homeland if your life on H1B is not what you expected
    2. H4 ladies have choice to apply H1b visa and if they are qualified enough they can work legally here.

    "You heart should go out " to these ladies if you or fellow H1b holder didn't explained them before hand what are their rights are as H4 visa holder before they chose you as partner.

    -Fellow H1B holder
  • Well you are right on that part.. that people should be aware of restrictions of H4 Visa and the person on h1b should make sure that his/her dependents are fully aware of the issue.

    Well, this post is just an opinion of that lady, which I think is worth reading and considering. Lets not be very opinionated be open to a meaningful discussion.
  • sharad
    My comment was response to your comment , which is ( your comment) is wrong at all levels.
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