Form I-539

Change your status to H-4 without leaving the U.S.

Your spouse got the H-1B. Now you need to update your visa status to match. Immiva walks you through Form I-539, handles dependent children, and optionally bundles with I-765 if you're eligible for a work permit. All for $129.

Check My Eligibility – Free

Takes 2 minutes · No signup required

$129Immiva prep fee
$470USCIS filing fee (paper)
3.5–7.5Months processing time
2026USCIS rules current

Changing to H-4 from any visa status

Whether you're on a student visa, tourist visa, L-2, or J-2, Immiva adjusts the form to your current status and generates the right supporting document checklist.

F-1 / F-2H-4
Student dependent

Your spouse moved from F-1 to H-1B. You need to change from F-2 (or F-1) to H-4 to stay in status.

B-1 / B-2H-4
Visitor

You entered as a tourist and your spouse already holds H-1B. Change to H-4 before your B status expires.

L-2H-4
L-1 dependent

Your spouse switched from L-1 to H-1B. Your L-2 status no longer applies, so you need to change to H-4.

J-2H-4
Exchange visitor dependent

Your spouse moved from J-1 to H-1B. Be aware: J-2 dependents may inherit a 212(e) home residency requirement.

H-4H-4
H-4 extension

Already on H-4 but your status is expiring. File I-539 to extend because it doesn't auto-renew with your spouse's H-1B.

OtherH-4
Other nonimmigrant status

O-2, E-2, TN dependents, and others. If your spouse holds or is transitioning to H-1B, you can change to H-4.

How do you want to file?

Your best option depends on whether you also need work authorization and whether your spouse's H-1B is being filed or renewed at the same time.

I-539 Only

Change of status

You just need H-4 status. Your spouse doesn't have an approved I-140 yet, or you're not eligible for EAD. The simplest filing.

Processing:3.5–7.5 mo

Concurrent with H-1B

Filed with spouse's I-129

Your spouse's employer is filing a new H-1B or extension. You can bundle your I-539 with their petition. Not guaranteed to co-process since Jan 2025.

Processing:VariesDepends on employer's timeline

Everything to file correctly the first time

Answer plain-English questions. Immiva handles the category code, field validation, and document requirements.

Smart Form Logic

Immiva detects whether you're changing status or extending and fills the correct Part 2 fields accordingly.

Flagship feature

I-765 Bundling Built In

If your spouse has an approved I-140, we prepare both I-539 and I-765 together so you can work as soon as H-4 is approved.

Dependent Children Included

Filing for kids too? Immiva generates Form I-539A for each dependent child at no extra charge.

Print-Ready Filing Packet

Completed I-539 (+ I-539A, I-765 if applicable), G-1145, payment form, document checklist, and mailing instructions.

H-4 Change of Status Packet

I-539 (+ I-539A for dependents) + optional I-765 bundle + document checklist + filing instructions.

$129 / application

I-765 bundle included at no extra cost

Start Free Eligibility Check

Understand the process before you file

In-depth guides on Form I-539, H-4 status, processing times, and how the transition affects your daily life.

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Disclaimer: Simple Immi LLC dba Immiva is not a lawyer or a law firm and does not engage in the practice of law, provide legal advice, or offer legal representation. The information, software, services, and comments on this site are for informational purposes only and address issues commonly encountered in immigration. They are not intended to be a substitute for professional legal advice. Immiva is not affiliated with or endorsed by the United States Citizenship and Immigration Services (USCIS) or any other government agency. Your use of this site is subject to our Terms of Use.

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