Immigration Issues/H4 while pregnant

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Question
Hi, I am applying for my H1B and my wife's H4 in Jan 2012. My wife will be 3 month pregnant by that time. Is it legal for her to apply for H4 while pregnant? if we apply for H4 will there be any problem?

Answer
Hi,

As the dependent of the H1B principal, your wife is eligible to apply for H4 status irrespective of her pregnancy status. There will be no problem at the Consulate.

Moreover, unlike student (F visa) or visitor (B visa) status, H visa status allows for intention to immigrate to the U.S. even though it is technically a non-immigrant visa.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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