What you need to know about changing to H-4 status
Eligibility Requirements
- Your spouse has valid H-1B status in the U.S.
- You are currently in the U.S. in valid nonimmigrant status
- You must file BEFORE your current I-94 expires
- You have not violated the terms of your current status
- You are legally married to the H-1B holder
Common Situations
- F-1 student marrying an H-1B worker
- B-1/B-2 visitor whose spouse got H-1B approval
- J-2 dependent whose spouse changed to H-1B
- L-2 dependent whose spouse changed to H-1B
- Any valid status holder becoming an H-1B spouse
How to change to H-4 status with Immiva
- 1
Verify Eligibility
Confirm your spouse has valid H-1B status and you're currently in a status that allows you to change to H-4.
- 2
Complete Form I-539
Our guided system walks you through every question, pre-selecting H-4 as your requested status and flagging potential issues.
- 3
Add Children (If Applicable)
Include unmarried children under 21 on the same application using Form I-539A.
- 4
Gather Supporting Documents
Get a personalized checklist including your spouse's H-1B approval, marriage certificate, and proof of your current status.
- 5
Review & Download
Review your completed application, pay once satisfied, and download print-ready PDFs formatted to USCIS specifications.
- 6
Receive H-4 Status
Once approved, you'll receive Form I-797 with a new I-94 showing your H-4 status, valid for the same period as your spouse's H-1B.
Required Documents
- Copy of your passport (ID page and current visa stamp)
- Copy of your I-94 arrival/departure record
- Copy of spouse's H-1B I-797 approval notice
- Marriage certificate (with certified translation if not in English)
- Proof of your current nonimmigrant status
- Two passport-style photos (2x2 inches)
Processing Times
- Regular processing: 3–6 months
- Premium processing NOT available for H-4
- Receipt notice arrives in 2–4 weeks
- Biometrics may be required
- H-4 status valid same period as spouse's H-1B
- File 30–60 days before I-94 expires
Filing Fees
- USCIS fee: $470 (paper) or $420 (online)
- Online filing available for solo applicants only
- Premium processing NOT available for H-4
- Immiva preparation: $49
What you get with Immiva
- I-539Application to Extend/Change Nonimmigrant StatusThe official application to request change of status to H-4 dependent
- G-1145E-Notification of Application AcceptanceOpt in to receive email and text alerts when USCIS accepts your application
- G-1450Authorization for Credit Card TransactionsPay the USCIS filing fee by credit or debit card
- G-1650Authorization for ACH TransactionsPay the USCIS filing fee directly from your U.S. bank account
- Filing ChecklistPersonalized Document ChecklistComplete list of documents needed for your specific situation and where to mail your application
Critical: File before your current status expires
If you file Form I-539 after your I-94 expires — even by one day — USCIS will likely deny your application and you may accrue unlawful presence, triggering re-entry bars.
- Filing after your I-94 expiration date
- Leaving the U.S. while your application is pending (abandons case)
- Working without authorization while pending (unless you have valid EAD)
- Missing spouse's H-1B I-797 approval notice
- Marriage certificate without certified English translation
- Not responding to Request for Evidence (RFE) on time
- Using outdated form edition or incorrect filing fee
- Filing if spouse's H-1B is still pending approval
Why people choose Immiva for I-539 to H-4
Pre-configured for H-4 change of status Syncs with spouse's H-1B validity dates Deadline tracker prevents filing after I-94 expiration Real-time validation catches errors before you file Print-ready PDFs formatted exactly to USCIS specifications
Frequently Asked Questions
You must be the spouse or unmarried child under 21 of someone currently in valid H-1B status. You must be in the U.S. in a valid nonimmigrant status (such as B-1/B-2, F-1, J-2, L-2) and file before your current I-94 expires. Your spouse's H-1B must already be approved — you cannot file if their H-1B is still pending.
The USCIS filing fee is $420 for online filing or $470 for paper filing. Immiva's preparation service is $49. If you include children as co-applicants using Form I-539A, they can be included under the same filing fee but you must file by paper. Biometrics fees are no longer required with the application.
Regular processing takes 3–6 months, though times vary by service center. Premium processing is NOT available for change of status to H-4 — it's only available for F, J, and M classifications. You'll receive a receipt notice within 2–4 weeks of filing, which you can use to track your case status online.
Yes, but only if you're the sole applicant with no co-applicants and no legal representation. If you're including children using Form I-539A, filing with your spouse's I-129, or filing concurrently with I-765 for H-4 EAD, you must file by paper mail. Online filing costs $420; paper filing costs $470.
File at least 30–60 days before your current I-94 expires. USCIS recommends filing at least 45 days before expiration. You can file up to 6 months early, but not earlier. If you file after your I-94 expires, USCIS will likely deny your application.
No. If you leave the United States while your I-539 is pending, USCIS will consider your application abandoned and will not process it. You must remain in the U.S. until you receive a decision. If you need to travel urgently, you'll need to apply for an H-4 visa at a U.S. consulate abroad instead.
Only if your current status authorizes employment. If you're changing from F-1 with valid OPT, you can work until your OPT expires. But if you're changing from B-1/B-2 or another status that doesn't allow work, you cannot work while pending. Once approved as H-4, you'll need a separate H-4 EAD to work.
You cannot file I-539 to change to H-4 until your spouse's H-1B is approved. Your spouse must have the I-797 approval notice in hand before you can file. If their H-1B is still pending, wait for the approval before submitting your I-539.
Yes. Unmarried children under 21 can be included as co-applicants using Form I-539A. They'll be covered under the same filing fee. However, if you include co-applicants, you cannot file online — paper filing is required.
Your H-4 status will be valid for the same period as your spouse's H-1B status. When your spouse extends their H-1B, you'll need to extend your H-4 as well. The I-94 attached to your approval notice will show your authorized stay end date.
If denied, you must leave the United States promptly to avoid accruing unlawful presence. You can then apply for an H-4 visa at a U.S. consulate abroad and re-enter the U.S. in H-4 status. Common denial reasons include filing late, insufficient documentation, or your spouse's H-1B status issues.
Yes, but only if your H-1B spouse has an approved I-140 or qualifies under AC21 rules. Once your H-4 status is approved, you can file Form I-765 to request work authorization. However, H-4 EAD eligibility requires additional qualifications beyond just being in H-4 status.
No. Changing to H-4 is a straightforward application for most people. Immiva guides you through every question and generates a personalized document checklist for $49 — compared to $500–$1,500 for a lawyer. However, if you have status violations, prior denials, or complex circumstances, consulting an attorney may be worthwhile.