Who Can Change to H-4 Status?
- Currently in valid nonimmigrant status in the US
- Spouse holds valid H-1B status
- No unauthorized work history
- No plans to travel while application is pending
Our eligibility check covers:
- Current status validity
- Spouse's H-1B status
- Preconceived intent concerns (B-1/B-2 visitors)
- Prior immigration violations
- Travel plans during pending application
- Concurrent filing with spouse's H-1B
Frequently Asked Questions
Yes, but timing matters. Changing status within 30 days of entry may raise preconceived intent concerns. 60-90+ days is generally safer.
Leaving the US abandons your pending application. You would need to apply for an H-4 visa at a consulate abroad instead.
Not automatically. You need a separate H-4 EAD (work permit), which requires your spouse to have an approved I-140 or be in 7th+ year H-1B.
Typically 3-6 months, but can vary. Premium processing is not available for I-539.
Yes, if you're eligible for H-4 EAD. This is often the best approach to start working as soon as your status is approved.