As a dependent of an H-1B visa holder, obtaining an H4 visa can be a life-changing experience. Not only does it allow you to live in the United States with your spouse, but it also provides an opportunity to pursue your own career goals and dreams. However, the process of applying for an H4 visa can be complex and often frustrating, especially when faced with rejection.
In this article, we will explore the top 5 reasons why H4 and H4 EAD (Employment Authorization Document) applications get rejected. By understanding these common mistakes, you can take steps to avoid them and increase your chances of a successful application.
Reason 1: Incomplete or Inaccurate Documentation
One of the most common reasons for H4 and H4 EAD application rejection is incomplete or inaccurate documentation. The United States Citizenship and Immigration Services (USCIS) requires a comprehensive set of documents to be submitted with the application, including:
- A valid passport
- A copy of the H-1B visa holder's approval notice
- A copy of the H-1B visa holder's passport
- Proof of relationship (marriage certificate, birth certificate, etc.)
- Proof of identity (driver's license, state ID, etc.)
Failure to submit any of these documents or providing inaccurate information can lead to rejection. It is essential to carefully review the USCIS guidelines and ensure that all required documents are submitted with the application.
Reason 2: Insufficient Proof of Relationship
The USCIS requires H4 applicants to provide sufficient proof of their relationship with the H-1B visa holder. This can include:
- Marriage certificate
- Birth certificate
- Joint bank statements
- Lease agreements
- Affidavits from friends and family
Failure to provide sufficient proof of relationship can lead to rejection. It is essential to gather as much documentation as possible to demonstrate the validity of the relationship.
Reason 3: Ineligibility for EAD
To be eligible for an H4 EAD, the applicant must meet certain requirements, including:
- Being the spouse of an H-1B visa holder
- Having a valid H4 visa
- Being in the United States
- Not being in the United States under a different visa category
Failure to meet any of these requirements can lead to rejection. It is essential to carefully review the USCIS guidelines and ensure that you meet all the eligibility requirements.
Reason 4: Incorrect Filing Fees
The USCIS requires H4 and H4 EAD applicants to pay a filing fee. Failure to pay the correct filing fee or submitting a check that is not honored by the bank can lead to rejection. It is essential to carefully review the USCIS guidelines and ensure that the correct filing fee is paid.
Reason 5: Failure to Respond to RFE
A Request for Evidence (RFE) is a letter sent by the USCIS to request additional documentation or information to support the application. Failure to respond to an RFE or providing incomplete information can lead to rejection. It is essential to carefully review the RFE and respond promptly with the required documentation.
Gallery of H4 and H4 EAD Application
Frequently Asked Questions
What is the processing time for H4 and H4 EAD applications?
+The processing time for H4 and H4 EAD applications can vary depending on the workload of the USCIS. However, on average, it can take between 2-6 months for the application to be processed.
Can I work while my H4 EAD application is pending?
+No, you cannot work while your H4 EAD application is pending. You must wait until your application is approved and you receive your EAD card before starting work.
Can I travel while my H4 EAD application is pending?
+Yes, you can travel while your H4 EAD application is pending. However, it is recommended that you do not travel until your application is approved, as this can cause delays in the processing of your application.
By understanding the common reasons for H4 and H4 EAD application rejection, you can take steps to avoid them and increase your chances of a successful application. Remember to carefully review the USCIS guidelines, ensure that all required documents are submitted, and respond promptly to any RFEs. Good luck with your application!