Navigating the H4 Visa Age Out: How H4 Visa Holders Can Extend Their US Stay?
“I’m 17 years old and on an H4 visa, facing age-out. My dad is stuck in the EB2 backlog, so it seems impossible to get a green card before I turn 21. What are my options for staying in the US legally?”
If you’re in a similar situation, you’re in the right place.
In this blog, we explore the options available for H-4 visa holders facing the challenge of H4 visa aging out and wanting to stay in the US legally.
What is H4 Aging Out?
H4 is a dependent visa for the spouses and unmarried children under 21 of H-1B visa holders, who work in specialty occupations. An H4 visa becomes invalid for children once they turn 21. This situation is known as “aging out.” or H4 visa aging out.
In the past, H-1B visa holders often obtained their green cards before their children turned 21, allowing the children to also receive green cards as dependents.
However, there are significant backlogs in the EB-2 and EB-3 green card categories, especially for nationals from China and India. These delays can result in the primary H-1B holder’s green card application taking longer to process, potentially causing the H4 child to age out before the parent receives their green card.
F1 Visa for H-4 Visa Holders Facing Age-Out Issues
If you are planning to pursue a full-time degree in the US, you can apply for an F1 visa. This visa allows you to stay and study in the US, but it involves significant tuition fees.
Additionally, after graduation, the F1 visa permits you to work in the US for up to 1 year under Optional Practical Training (OPT). If you are in a STEM field, you can extend this period by an additional 2 years.
After the OPT period ends, if you wish to continue working in the US, you will need to obtain a work visa
Other Options for H4 Visa Aging-Out Children
If you are an H4 visa aging out children and still have at least three years remaining on your H4 visa, your parent (the primary green card applicant) can consider applying for an EB1A green card.
The EB1A category currently has a shorter wait time, approximately 2 years for Indian applicants, according to the August 2024 visa bulletin. As of August 2024, the EB1A priority date for India is February 1, 2022. If your parent wants to expedite their green card process, the EB1A is a great option.
EB1A green card does not require employer sponsorship or a master’s degree. Additionally, your parent can reuse their EB2 or EB3 priority date for the EB1A application.
Conclusion
I hope we have clarified the best options for you as an H4 visa aging-out child to stay in the US.
If your parent, the primary green card applicant, has substantial experience, they likely possess expertise in a specific area that can be leveraged to build an EB1A profile. We also offer personalized EB1A assistance through our Smart Green Card VIP plan, helping individuals gather strong evidence for their EB1A application.
To learn more about how we can assist with the EB1A application, discover the Smart Green Card VIP.
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