simha81 Posted February 12, 2014 Report Share Posted February 12, 2014 Hi, I am on H1 and my wife on H1. Can I bring my mother as dependent (H4 or some other visa). She has visitor visa, but we want to keep her with us. Please let me know if there any possibility Link to comment
jairichi Posted February 12, 2014 Report Share Posted February 12, 2014 Hi, I am on H1 and my wife on H1. Can I bring my mother as dependent (H4 or some other visa). She has visitor visa, but we want to keep her with us. Please let me know if there any possibility It is not possible to apply for a H4 visa for your mom. Only Wife and children under 21 are eligible for H4 visa. Your mom can enter with a B2 visa and leave before I94 expiry date. Link to comment
JoeF Posted February 12, 2014 Report Share Posted February 12, 2014 No, that is not possible. H4s are only for spouse and children under 21. If you want to keep your mother with you, you would have to return to your home country. Link to comment
t75 Posted February 12, 2014 Report Share Posted February 12, 2014 If your mother needs to live with you, you will need to go home. You are a GUEST worker and MUST abide by the laws of the US and that does NOT permit you to bring parents as dependents. Working in the US is a PRIVILEGE. OBEY the rules and do not allow your mother to come and overstay just because it is in your best interest. Link to comment
chakrakr Posted February 12, 2014 Report Share Posted February 12, 2014 If your mother needs to live with you, you will need to go home. You are a GUEST worker and MUST abide by the laws of the US and that does NOT permit you to bring parents as dependents. Working in the US is a PRIVILEGE. OBEY the rules and do not allow your mother to come and overstay just because it is in your best interest. Though you may not like it , it is entirely under the ambit of current US law that an elderly parent may stay with H1 B non immigrant for the duration of H1 holders stay. OP, refer to http://www.state.gov/documents/organization/87206.pdf , in particular "9 FAM 41.31 N14.4 Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status " (page 25) . Here are some excerpt from it -- " The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification." .... " Such aliens include, but are not limited to the following: cohabitating partners or elderly parents of temporary workers, ".... If such individuals plan to stay in the United States for more than six months, they should be advised to ask the Department of Homeland Security (DHS) for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States. " I suggest consult an Attorney . Some people will still preach the other way but the FACTS are what is laid down in DOS website Link to comment
omshiv Posted February 15, 2014 Report Share Posted February 15, 2014 OP needs to go back to home country Link to comment
chakrakr Posted February 16, 2014 Report Share Posted February 16, 2014 @OmShiv : Why OP need to go back ? Because OmShiv says so ? Were you able to read and comprehend the link I posted. I suggest ask someone who knows English to read and explain it to you. Bottom line, US HAS laws which allows elderly parents of work visa holders to live in US for the duration of Primary. Link to comment
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