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H-4 Family Resources

The H-4 status is a personal immigration application filed by the dependent family members (legally married spouse or unmarried children under 21 years of age) of an H-1B visa holder. Because this is a personal filing, ISEO does not prepare or submit H-4 applications concurrently with H-1B requests. 

This page is intended to provide general guidance, tips, and reminders to help scholars and their dependents understand the H-4 process and prepare discussions with an immigration attorney who can assist in filing the H-4 request. Please note that ISEO cannot provide individualized advising or guidance on H-4 applications, as our office specializes in immigration statuses for the purpose of employment with UC San Diego—such as the J-1, H-1B, E-3, TN, etc. ISEO will provide the H-1B principal with a copy of the H-1B receipt notice or H-1B approval notice, which dependents may use to support their H-4 visa or USCIS change or extension of status application.

For additional information, please review the sections below.  If you have further questions, please consult a qualified immigration attorney before filing.

About H-4 Status

A legally married spouse and unmarried children under 21 years of age of H-1B workers are eligible for H-4 status.

  • H-4 dependents must intend to accompany or join the H-1B principal.
  • H-4 dependents should reside primarily with the H-1B principal in the United States. If they will not be residing with the H-1B principal, they should consider a status that reflects the activities they are partaking in, such as employment or study.
  • When the H-1B status ends, the H-4 status also ends automatically.

How to obtain H-4 Status?

Option 1: Apply Outside the U.S. (Consular Processing)
Use this option if the spouse or child is outside the U.S. or have plans to travel abroad.
  • General Steps:
    • Use the H-1B approval notice (Form I-797) to apply for an H-4 visa at a U.S. embassy or consulate.
    • Once the H-4 visa is issued, travel to the U.S. in H-4 status.
    • U.S. Customs and Border Protection (CBP) will issue an I-94 record showing “H-4” as the class of admission. The “Admit Until” date typically matches the H-1B approval end date or the H-4's passport expiration.
Option 2: Apply Inside the U.S. (Change or Extend Status)
Use this option if the spouse or child is already in the U.S. and does not have international travel plans until after USCIS approves the H-4 request.
  • General steps:
    • File USCIS Form I-539 to request a change or extension of H-4 status and Form I-539A for any additional H-4 applicants.
    • Once approved, USCIS will issue an H-4 Approval Notice with a new I-94 record showing H-4 status at the bottom of the approval notice.
  • Do not travel while the H-4 request is pending with USCIS unless you’ve consulted an attorney.

Tips to file H-4 request with USCIS (Online Filing)

Filing online is a convenient option when there is only one H-4 applicant and no additional forms (such as an H-4 EAD application) being submitted at the same time.

Note: USCIS’s online system currently does not allow concurrent filing of the H-4 EAD (Form I-765) or submission of Form I-539A for additional dependents.

Prepare to file:

General steps to online file:
  • Go to https://www.uscis.gov/i539online
  • Click on File Online
  • Sign in to your USCIS online account, or create one if you do not already have an account.
  • Select Form I-539, Application to Extend/Change Nonimmigrant Status.
  • Follow the system prompts — the online filing tool will guide you through required questions and upload options based on your specific situation.
  • Pay the filing fee of $420 online using a credit card or bank transfer.

Benefits of Online Filing with USCIS:

  • Lower cost through online submission
  • Instant receipt notice and receipt number upon successful submission.
  • Faster communication: if USCIS issues a Request for Evidence (RFE), it will appear in your USCIS online account, and you can respond directly online.
  • Step-by-step guidance: the system uses logic-based questions to help ensure you provide the correct information and supporting documents.

Important Reminders:

  • You must review your USCIS online account regularly for updates, RFEs, or decisions.
    • Do not rely solely on the “Case Status” tracker, as it may not always reflect the most recent updates.
  • Keep digital and printed copies of your confirmation page, submission receipt, and uploaded documents for your records.

Tips to file H-4 request with USCIS (Paper Filing)

This is a good option for individuals with multiple H-4 applicants or if submitting Form I-765 (EAD card request) request concurrently. Please follow the detailed instructions on USCIS’s website.

  • Completed Form I-539 - Form is only needed for primary H-4 applicant
  • Payment to USCIS for Form I-539: Payment of $470 to USCIS for the processing of the Form I-539 can be made using  form G-1450.
  • Completed Form I-539A (if applicable): If there is more than one dependent changing or extending their status, complete form I-539A for each additional applicant. 
  • Typical evidence necessary for each H-4 applicant
    • Identity and Entry Documents
      • Passport biographic page (must be valid at a minimum 6 months into the future)
      • Most recent I-94 record
      • Most recent U.S. visa stamp (except for Canadian citizens)
      • Most recent U.S. entry stamp (if given one)
    • Maintenance of status from last entry into the U.S.:
      • All prior Employment Authorization Documents (EADs).
      • Any I-612 waiver approval.
      • All prior DS-2019s, I-20s, and I-797 approval notices (H, L, O, TN categories).
    • Proof of Relationship to the H-1B Principal
      • Marriage certificate (for spouses) — copies only; originals not required. Include English translation and certificate of translation if not in English.
      • Birth certificate (for children under 21) — copies only; include translation and certificate of translation if not in English.
    • From the H-1B Principal Worker
      • Copy of H-1B approval notice (Form I-797) or receipt notice (if petition is pending).
      • If currently working in the U.S., three most recent pay statements to show maintenance of status.
      • Copy of current immigration document (I-20 and EAD, DS-2019, H-1B, etc.)
      • Copies of:
        • Passport biographic page.
        • Most recent I-94 record.
        • U.S. visa stamp (except for Canadian citizens).
        • Most recent entry stamp (if available).

We encourage mailing using a delivery method that allows for tracking such as FedEx, to view address that the application can be mailed to review: USCIS I-539 Direct Filing Addresses.

All USCIS communication regarding the H-4—including Requests for Evidence (RFEs) and approval notices—will be sent directly to the U.S. mailing address listed on the Form I-539. We strongly encourage you to monitor your mail regularly, and do not rely solely on the USCIS online case status.

Tips to obtain H-4 status through travel (Consular Processing)

Applying for an H-4 visa at a U.S. Embassy or Consulate abroad is an option when the H-4 applicant is outside the United States or plans to travel internationally to obtain or reactivate H-4 status.

Before scheduling a visa appointment, applicants should carefully review the specific U.S. Embassy or Consulate website for detailed application procedures, required documentation, and current processing times. Applicants should schedule their visa interview appointments at the U.S Embassy or Consulate  in their country of nationality or residence. We also recommend the H-4 dependent visa applicant show, at minimum, the following documents:

  • From the H-1B Principal Worker:
    • Original H-1B approval notice of the H-1B principal
    • If the H-1B is currently inside the U.S. in H-1B status: evidence of employment from H-1B which could include employment verification letter and three most recent pay statements.
  • Proof of Relationship to the H-1B Principal:
    • If applying as H-4 spouse: proof of legal marriage with English translation and certificate of translation, if in foreign language
    • If applying as H-4 dependent children: proof of relationship (e.g. birth certificate) English translation and certificate of translation, if in foreign language
  • Identity and Immigration Documents:
    • Passport biographic page (must be valid at a minimum 6 months into the future)
    • Original H-4 approval notice of the H-4 dependent(s) - only if applicable and change of status to H-4 approved inside U.S. previously.

USCIS Processing of H-4 Status

The H-4 change of status or extension request is considered a personal application. ISEO cannot assist with requesting case updates, expedite requests, or tracking the progress of the H-4 application.

To review your case status or processing time:

  • If you would like to review the processing time for your case, please visit the USCIS Processing Times Tool.
  • If you believe your case is outside of normal processing times, you may submit a case inquiry directly through the USCIS Case Inquiry tool.
  • ISEO cannot request expedited processing on your behalf as the H-4 is a personal application. However, you are welcome to review the USCIS expedite criteria, and if you believe you meet the requirements, you may follow the instructions to submit a request directly with USCIS.
  • If the H-4 request was filed online, you must review your USCIS online account regularly for updates, RFEs, or decisions.
    • Do not rely solely on the “Case Status” tracker, as it may not always reflect the most recent updates.

Impact of H-1B on H-4

  • ISEO will provide the scholar the H-1B receipt notice or H-1B approval notice to use for H-4 requests.
  • H-4 application(s) are not processed or approved at the same time as the H-1B.
    • USCIS usually adjudicates the H-1B first. Once the H-1B is approved, they will begin reviewing the H-4 application. As a result, it is normal for the H-1B approval to arrive well before the H-4 is processed.
  • There is no premium processing for the H-4 request.

H-4 Work Authorization

Typically, an H-4 dependent cannot work, however, there are exceptions to this, see: USCIS Employment Authorization for spouses.

Study while in H-4 Status

H-4 dependents may study in the United States either full-time or part-time. Dependents should carefully consider whether to remain in H-4 status or change to F-1 student status, depending on their long-term goals and academic plans. If the H-4 dependent plans to study at an institution located in a different city and will not be living with the H-1B principal, it may be more appropriate to pursue F-1 student status, as the H-4 category is intended primarily for dependents residing with the H-1B principal in the U.S.

We encourage dependents to consult with an immigration attorney to determine which status best supports their situation.

H-4 Status Resources

H-4 Status FAQs

Can I work in H-4 status work?
In general, H-4 dependents cannot work, but there are limited exceptions for those who qualify for an H-4 EAD. H-4 status also does not allow employment incident to status. We recommend reviewing the eligibility criteria for applying for an H-4 Employment Authorization Document (EAD) on the USCIS Employment Authorization for Certain H-4 Dependent Spouses page. 

Can I study in H-4?
Yes. H-4 allows full- or part-time study. F-1 may be preferred for specific benefits; consult with an immigration attorney to determine which status best supports your specific situation.

Will ISEO file my H-4 or H-4 EAD?
No. ISEO does not file H-4 or H-4 EAD (Employment Authorization Document) applications, as these are personal immigration filings submitted directly by the dependent to USCIS. We will not submit H-4 applications concurrently with the H-1B request. However, ISEO will support your filing by providing the H-1B receipt or approval notice needed for your H-4 application.

I filed for an H-4 extension but now need to travel.

Traveling outside the U.S. while an H-4 extension (Form I-539) is pending could be considered an abandonment of the application and lead to a denial of the H-4 application. USCIS will not refund the filing fees. Before making travel plans, we strongly recommend that you consult with an immigration attorney to discuss your options and develop a strategy for maintaining valid H-4 status.

My H-4 expires soon. How late can I file an extension in the U.S.?

USCIS must receive your Form I-539 before your current H-4 status expires. If filed on time, you may remain in the U.S. while the application is pending, even if your current H-4 end date passes during processing.