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Obtain or Extend H Status
H Dependents

Once an employee has been granted H-1B status, his/her spouse and children (under 21) will normally be eligible for H-4 status. If the employee and dependents are in the U.S., and if the employing department is requesting that the employee’s status be changed to H-1B, dependents may apply for a change to H-4 status. After the H-1B application process has been initiated by the department, ISSS will send an I-539 questionnaire electronically to the H-1B applicant with instructions.  The $300 USCIS filing fee (paid by the employee) and supporting documents should be submitted to the Department Administrative Contact person.

If the dependents are outside the U.S., ISSS does not need to include any information about them in the petition. After the H-1B petition has been approved, they may apply for H-4 visas at a U.S. consulate. In addition to the items mentioned in the “Travel Outside the U.S.” section, dependents should present a marriage certificate (for spouse) or birth certificate (for children).

Persons with H-4 status may not be employed in the U.S., but they are allowed to attend school/university.

Last Update: November 14, 2007