H-4 Dependents Frequently Asked Questions
Who qualifies for H-4 dependent status?
The spouse or unmarried minor children (under age 21) of an H-1B1 worker are granted H-4 immigration status unless they have a different immigration status of their own such as F-1, J-1, H-1B1, etc.
How do you apply for H-4 status while residing in the US?
Dependents wishing to apply for H-4 status must submit a Form I-539 with an appropriate US Citizenship and Immigration Services (USCIS) fee, and are normally included in the petition for the H-1B1 worker if the dependents are already residing in the U.S. Filing instructions for H-4 dependents are provided with the H-1B1 application packet. Applications for a change of status to H-4 (Form I-539) can be made at any time by those who are currently maintaining some other legal non-immigrant status in the U.S.
How does an H-4 apply for a visa stamp?
H-1B1 workers applying for an H-1B1 visa at a U.S. embassy or consulate (outside the U.S. ) may apply for their H-4 dependents at the time of the H-1B1 visa application. The H-4s can also apply by themselves at a later time (before or after the H-1B enters the US). A separate petition such as the one filed by WSU for the H-1B1 employee is not required for H-4 dependents applying for visas outside the U.S. The H-4 must show, along with other required documentation, proof that the H-1B has been approved to work in the US (and is maintaining their legal status, if currently residing in the US) and proof of family relationship to the H-1B.
Can an H-4 take classes?
Yes, H-4 dependents are allowed to pursue study part-time or full-time.
Can H-4 dependents work in the U.S.?
Unfortunately, H4 dependents are not permitted to be employed in the U.S. under any circumstances.
Can H-4 dependents apply for a social security number?
No, H-4 dependents are not eligible to apply for a social security number. Only non-immigrants who are legally allowed to work in the US are eligible for social security numbers.
Can H-4 dependents travel without the H-1B?
Yes. As long as H-1B maintains lawful status, their H-4 dependents are allowed to travel in and out of country by themselves with proper documentation.
Page Updated: February 15, 2008