H-4 Dependent Status for Spouses and Children
Who is eligible for H-4 Status?
The spouse and unmarried minor children (under 21 years of age) of the H-1B status holder are eligible for H-4 dependent status.
How can I become an H-4 Dependent?
To obtain H-4 status, a dependent must either:
- Apply for an H-4 visa stamp at the U.S. Embassy or Consulate overseas (except Canadian citizens). Upon entry to the United States, dependents must present a copy of H1-B status holder’s I-797 approval notice, passport and his/her H-4 visa stamp (accompanied by any supporting documents) at the U.S. Port of Entry in order to gain H-4 status.
- Apply for a Change of Status in the U.S. Please meet with an ISSS (International Student and Scholar Services) advisor at OIP for further details.
or
Employment while in H-4 Status
H-4 dependents are NOT eligible to work in the U.S.
Study while in H-4 Status
H-4 dependents may study in the U.S., as long as their primary purpose in the U.S. is to accompany the H-1B status holder. However, the duration of their study depends on the H-1B’s period of stay.
Travel and Reentry in H-4 Status
H-4 dependents follow similar travel and reentry procedures as the H-1B status holder.
Extension of Stay
The duration of the H-1B status holder's program is stated on the I-797 and the I-94 card. If the H-1B is eligible and applies for an extension of stay, the H-4 dependent may also apply for an extension by filing Form I-539 with the USCIS. This form can be filed concurrently with the H-1B's extension or separately, as long as it is before the expiration of H-4 status.
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