H-4 Dependents

There are 2 ways for dependents to obtain H-4 status:

If in the U.S.:

• File Form I-539 with USCIS before the end of their current status; or
• Depart the U.S. before the end of their current status, apply for an H-4 entry visa with a valid H-1B approval notice and proof of relationship to the H-1B principal, and apply for admission to the U.S. in H-4 status.

If outside the U.S.:

• Apply for an H-4 entry visa with a valid H-1B approval notice and proof of relationship to the H-1B principal and apply for admission to the U.S. in H-4 status.

There are two ways to extend H-4 status:

• File Form I-539 with USCIS before the end date of the H-4 status on the most recent I-94; or
• Depart the U.S. before the end date of the H-4 status on the most recent I-94 and return to the U.S. with the valid H-1B approval notice. Note this may require applying for an H-4 entry visa.
  

H-1B principals and their dependents may:

• Engage the same law firm for the H-4 application(s) that the University of Colorado Denver | Anschutz is using to prepare and file the H-1B petition.
• Hire a different law firm to assist with the dependent’s/dependents’ application(s). See the ISSS Guide to Hiring an Immigration Attorney for information about working with an immigration attorney.
• Complete the process on their own. See https://www.uscis.gov/i-539.

Important: If a dependent files the I-539 independently or through another law firm, they must receive the H-1B receipt notice before submitting their I-539.

The dependent must be in the U.S. when filing Form I-539. If they travel abroad while it’s pending, they may return only if their current H-4 status is still valid. If the dependent’s H-4 status expires while abroad, they will need the H-1B or H-4 approval notice to re-enter the United States.

Approval of a change of status to H-4 or an extension of stay does not provide an H-4 visa stamp. If the H-4 dependent does not have an H-4 visa or it has expired, they must apply for a new one at a U.S. embassy or consulate abroad before returning, unless they qualify for automatic revalidation when traveling briefly to Canada or Mexico. Read the conditions carefully to see who qualifies.

Employment Authorization for Certain H-4 Dependent Spouses