H1B Lottery Results for H-4 Families

Frequently asked questions

Does an H1B lottery selection let my spouse get H-4 EAD?

Not by itself. H-4 dependent status follows the H-1B principal's valid status, but H-4 EAD (work authorization) generally requires the H-1B principal to have an approved Form I-140 (or to be in H-1B status beyond the sixth year under specific extension provisions). A lottery win only starts the H-1B petition — it does not create I-140 approval or H-4 EAD eligibility on its own.

Can my spouse move to H-4 if I'm selected and approved?

Once the H-1B principal is in valid H-1B status, a spouse and unmarried children under 21 can generally hold H-4 dependent status. The timing depends on when the H-1B is approved and how the change of status is filed. Plan the dependents' filings alongside the principal's petition so the whole family's status lines up.

How does a non-selection affect my children's school?

If you're not selected but remain in valid status (for example, the principal stays on OPT/STEM OPT or another visa), your children generally continue in school as before. Problems arise only if the family falls out of status. Plan any moves around the actual immigration timeline — not around rumors — so children's schooling stays stable.

Should we keep an emergency fund tied to the lottery outcome?

Yes. A family should hold enough liquid savings to absorb a petition that slips, an RFE, or a denial without a crisis — commonly 6+ months of expenses. Keep health insurance continuous through any status change, and know your India-side liquidity in case you need it. Financial stability keeps immigration decisions calm and unforced.

What if we decide to move back to India?

If plans don't work out, think through it deliberately: RNOR tax status on return, what to do with 401(k) and US investments, children's schooling and curriculum, currency timing, and FBAR/FATCA for the final US year. These decisions have long tails, so start learning early rather than deciding in a rush.