Form I-539
H-4 Change of Status Eligibility Check
Find out if you can change to H-4 dependent status from inside the U.S.
- Free
- 2 minutes
- No signup required
The short answer
Who can change to H-4 status?
You may change to H-4 status with Form I-539 if you are physically present in the U.S. in a valid nonimmigrant status, your spouse or parent holds valid H-1B status, and you have not worked without authorization or otherwise violated your status. Children lose H-4 eligibility at age 21.
What USCIS asks for
What USCIS asks for
- You are currently in valid nonimmigrant status in the U.S.
- Your spouse holds valid H-1B status
- No unauthorized work history
- No plans to travel while the application is pending
The check
What this eligibility check covers
- Current status validity
- Your spouse's H-1B status
- Preconceived intent concerns (B-1/B-2 visitors)
- Prior immigration violations
- Travel plans during a pending application
- Concurrent filing with your spouse's H-1B
Questions
Frequently asked questions
Anyone in the U.S. in a valid nonimmigrant status whose spouse or parent holds valid H-1B status, provided they have not worked without authorization. Children age out at 21.
Usually not. A change of status generally requires you to be in valid status when you file, and a lapse needs to be explained. This check flags it.
Yes, until they turn 21. At 21 they are no longer eligible as an H-4 dependent and need another status.
Not automatically. You need a separate H-4 EAD, which requires your spouse to have an approved I-140 or be in their 7th year or later of H-1B.
If you are already eligible for the EAD, yes. If not, file the change of status alone and apply for the work permit later. See the combined filing check.
Next
Where to go from here
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