USCIS should adjudicate the H-1B petition and the H-4 Application/EAD Applications at the same time if they are included with the H-1B petition.  H-4 applications filed separately from the H-1B petition will not adjudicated along with the H-1B petition.

I-539 (H-4) applications are personal applications, therefore ISSS cannot review the information on the applications, supporting documentation, or USCIS payment provided to ISSS.

Click here to view the H-4 Release Form.

You can find general guidance for compiling an H-4 Application by clicking here 

Be aware of the I-539 Edition Date.  You can find the edition date at the bottom of the page on the form and instructions. Dates are listed in mm/dd/yy format.

All dependents who plan to enter the US in H-4 status must apply for an  H-4 visa stamp at a US Consulate outside the US with the exception of Canadian Citizens.  Please visit the Consulate’s website for items needed to apply for the H4 visa.  Do not complete a Form I-539 for Dependents who are not currently holding a non-immigrant status (i.e. H-4, J-2, F-2) in the US.  

Although an H-4 nonimmigrant is admitted to the United States for a fixed period of stay, the H-4's status is contingent upon the continued validity of the H-1B principal's status. Unlike H-1B status, however, H-4 status is not specific to an employer. As long as the period of authorized stay has not expired on the H-4's I-94, the H-4 nonimmigrant remains in valid status as long as the H-1B principal continues to maintain status, even if the H-1B principal changes employers. No action is required on the part of the H-4 nonimmigrant when the principal H-1B changes employers within the H-1B classification, unless the H-4's I-94 will be expiring, in which case an extension of stay application must be filed by the H-4 before the I-94 expiration date.

You can find some general information regarding employment for some H-4 dependents here.

Can I travel outside the US and reenter in H-4 status?

An H-4 nonimmigrant may reenter the US with a valid H-4 visa, provided the H-1B principal continues to maintain H-1B status. Traveling with proof of the H-1B's maintenance of status (e.g., copy of I-797 approval notice, proof of continued employment, etc.) is recommended, particularly if the dependent needs to obtain a new H-4 visa before reentering.

An H-4 nonimmigrant who has applied for adjustment of status as a derivative of an H-1B's green card application may be eligible for Advanced Parole. Consult with the attorney handling the H-1B’s green card application.

You can read more about international travel here.

Am I eligible to work in the US?

H-4 nonimmigrants are generally ineligible to work in the US. However, certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status are permitted to apply to USCIS for an Employment Authorization Document (EAD) that will allow them to work in the US. The H-1B should speak with the attorney assisting with her/his green card application for instructions on filing for an EAD.

H-4 dependent spouses of H-1B nonimmigrants are eligible to apply for an EAD under this rule only if their H-1B spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000, as amended (That Act permits certain H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status).

Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required filing fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States. H-4 spouses who do not meet the regulatory conditions described above, and H-4 children, are not eligible to apply for an EAD.

If permission for employment is granted, an Employment Authorization Document (EAD) is issued and is valid for any kind of full-time or part-time employment for the period of time stated on the EAD.

The employment authorization is valid only if the H-1B Worker is maintaining status.

May I take classes / earn a degree in the US?

H-4 dependents may study in the U.S., full- or part-time, but the duration of their stay is dependent on the H-1B's period of stay. Dependents should weigh the benefits of changing their status to F-1 versus remaining in H-4 status. H-4 dependents are not subject to the F-1 requirement to pursue a full course of study, but they are not eligible for F-1 benefits such as on-campus employment and practical training. Consult with an immigration attorney to discuss your options as F-1 Student Status does not have dual intent, unlike H-4 status. If the H-1B will apply for a green card, changing to F-1 Student Status may not be wise.

What happens when dependent children turn 21?

When H-4 dependent children turn 21, they are no longer considered "children" under the I.N.A, and are thus no longer eligible for H-4 status. To remain in the US, they must change to another nonimmigrant status.