H-4 Dependant Family members

Spouses and unmarried children under the age of 21 may apply for H-4 status. Those in H-4 status
may study part- or full-time time or may volunteer, but are not permitted to work. In some cases,
family members of the H-1B may have and maintain their own legal non-immigrant status;
examples include a spouse who has her own work status such as J-1 researcher or H-1B worker or a
college-age son or daughter in F-1 status.

Outside of the U.S.

Family members who are or will be outside of the U.S. at the time that the H1B petition is
submitted and approved are not required to submit any supporting information to the USCIS at the
time of the H1B application. Family members who will accompany or follow an H1B employee to
the U.S. will need to apply for the H-4 visa stamp in the passport from a U.S. consulate overseas in
order to accompany or join the H-1B employee.

At the time of visa application, family members submit the following to the U.S. consulate:
ƒ Current valid passport
ƒ Copy of the H-1B Approval Notice, visa stamp, and passport of the primary H-1B holder
ƒ If change of status to H-4 was granted in the US, carry the Approval Notice granting H-4 status
ƒ Copies of marriage certificate in English or with English translation
ƒ Proof of H1B parenthood of each minor dependant child
ƒ Wedding or other photos of the H-4 dependant(s) with the H-1B employee
ƒ All other materials required by the U.S. consulate such as application forms, photos, etc., (visit
www.travel.state.gov for full details which vary by consulate.)

Inside the U.S.

Dependant family members who request a change of status or need to extend H-4 status should
submit the following the documentation to be submitted to the USCIS with the H-1B primary
materials:

ƒ Form I-539 Petition for Extension or Change of Status completed and signed. This form is
available on-line at http://uscis.gov/ Note that this form should be filled out entirely from the
perspective of the H-4 spouse and/or children. The information of the primary H1B will not
appear anywhere on this form, except as requested in Part 3, questions 3 and 4.
ƒ A copy (not original) of the I-94 card (front and back) for each dependent,
ƒ For F-2 dependants, copies of the F-2 I-20 documents (front and back)
ƒ For J-2 dependants, copies of the J-2 DS-2019 documents (front and back)
ƒ For H-4 dependants, copies of the H-4 Approval Notice(s) from the USCIS (if any)
ƒ Marriage license (if available) in English or with English translation,
ƒ Fee of $300 (regardless of the number of dependents filing)--check or money order made
payable to “US Citizenship and Immigration Services” or “USCIS.” This fee is in addition to
the $320 and $500 fees for the primary H-1B application and should be paid by a
separate, individual check.

Updated 08/2007