H4 Visa FAQ: Most Commonly Asked Questions Answered
The H4 visa is the dependent visa that attaches to the H1B visa. H1Bs are the most common nonimmigrant work visa available to professionals.
All types of US corporations and organizations use H1B visas, regardless of industry or job duties. As a result, foreign nationals from all over the world bring along their families under the H4 visa.
In my practice, I have had H1B families pose similar questions about the nuances of the H4. I wanted to collect these most “commonly asked questions” and compile the answers for you.
In this guide, I will explain almost everything you need to know about the H4 visa. If you have any questions, feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.
Introduction:
1. What is an H4 Visa?
- Privileges of the H4 Visa: Dual Intent
- Single Intent Visa Burden
2. How Long Can I be in H4 Status For?
3. H4 Change of Status and Extensions
- How to file an H4 Extension or Change of Status
- If I am in a different status, such as an F-1, L-1, can I change to an H4?
- Rule: How USCIS Will Determine if a Change of Status is Needed or Permitted
- Are You Eligible to Change Status in the United States?
4. H4 Visas: Traveling into the United States in H4 Status from Abroad
- Difference between Visa and Status
5. Conclusion
1. What is the H4 Visa?
The H4 visa is for immediate family members of H1B visa holders. H4 visa holders can enter the United States with their specialty occupation spouse or parent. To get an H4 visa, you need to either:
(1) apply for a change of status inside the United States (with USCIS) or
(2) through the Department of State (US consulate abroad).
Privileges of the H4 Visa: Dual Intent
The INA grants H4 nonimmigrants the privilege of a ‘‘dual intent” visa. This means that H4 holders can be the beneficiary of an I-140 (immigrant petition) filed under section 204 of the INA. Meaning, they can seek and apply for legal permanent residency. This is not true for “single intent visas” (such as the B-1/B-2, popularly known as a “tourist visa” or an F-1 “student visa”).
Single Intent Visa Burdens
With single intent visas, the applicant must show the consulate he/she has no intent to abandon his/her foreign residence. Again, this is not true for purposes of obtaining or maintaining H– 1B status. See INA 214(h); see also 8 CFR 214.2(h)(16), 9 FAM 402.10.
2. How long can I be in H4 status for?
H4 visa holders can keep their status as long as the principal (the H1B visa holder). Thus, because H1Bs have a six-year limit, H4s are held to the same amount. Fortunately, Congress created extra privileges for H1B and H4 visa holders with approved I-140s. H1B visa holders, who are the beneficiaries of certain pending or approved employment-based immigrant visa petitions or labor certification (PERM) applications, can stay inside the US beyond the six-year period of stay. This promotes H1B holder’s ability to immigrate to the United States.
Congress has not extended these benefits to other H nonimmigrants. Such as the H–1B1 (Free Trade Agreement: Chile and Singapore), H–2A (temp. agricultural workers), H–2B (temporary nonagricultural work).
3. H4 Change of Status and Extensions
If your spouse obtains an H1B visa number, remember that the H1B extension or change of status, does not automatically apply to you. To get H4 status, you must file your own application as a dependent. Here, you submit proof of the principal H1B holder's valid status and evidence of your family relationship. Note that you can also file your extension or change of status application at the along with the principle H1B application.
How to file an H4 Extension or Change of Status
When the principal H1B holder files an extension or change of status, the employer will submit a form I-129. The H1B holder’s dependents are not included in this I-129 petition.
As a dependent you will need to submit your own affirmative application with form I-539. This form allows you to “extend or change status.” Here, you will extend your status if you are already in H4 status and you need an extension. You will change status if you are in a different status, other than H4, at the time of submitting your I-539. Fortunately, you can use the same form (I-539) to either a change or extend of status.
The first dependent will submit an I-539 and any additional dependents must submit an I-539A. For example, the dependent spouse will fill out the I-539 and each of the two children will do an I-539A. Each applicant will also need to submit a check for the filing and biometric fee. Please check USCIS' website for their current fees as these are regularly updated. Note that you can submit the I-539 jointly with the I-129.
Can I change to an H4 If I am in a different status, such as an F1 or L1?
Generally, you can move from a different visa status to an H4 visa inside the United States. You need not leave the US to put this change into effect. Keep in mind that there are some limitations to this rule. You should speak with our office assure you are eligible to change status. For example, if you have a home residency requirement on your visa (these are often attached to J-1s), you may not be eligible to change status inside the United States.
Keep in mind that if you are inside the United States, whatever your status is, you must engage in activities that are consistent with that status. So, if you come in as an F-1 student you must maintain full-time academic studies. Alternatively, if you arrive with H1B status, then you must maintain employment with your H1B petitioner. Here, this employment must meet the terms outlined in the Labor Certificate Application (LCA) and I-129 application. If you switch to an H4, you must follow the rules of that visa status. The terms of an H4 include restrictions on employment without valid authorization.
Rule: How USCIS Will Determine if a Change of Status is Needed or Permitted
For the most part, USCIS will judge the primary purpose of your stay by how you spend the majority of your time.
Thus, if you are no longer pursuing L-1 or F-1 activities, you will need to file a change of status. If you choose to change status to an H4, make sure your activities are consistent with that status.
Here, you’d have two options:
(1) leave the US and apply for readmission in your new visa H4 classification. If necessary, apply for the appropriate visa. You will need to get the necessary stamping at an American consulate abroad; or
(2) apply for a change of status (COS) while you are inside the US, (note, not everyone is eligible for COS). Keep in mind changing status does not give you a visa stamp in your passport under this category. It only changes your status.
Are You Eligible to Change Status in the United States?
To determine whether you are eligible to change status - consider the following factors:
(1) your COS application’s timing;
(2) whether you’ve been maintaining valid status;
(3) whether your current status permits a change of status; and
(4) analyze the status you wish to change to.
Any of these four factors may render you ineligible to apply for a change of status. Alternatively, it may make it inadvisable to apply for one. Thus, it is important you do a careful analysis and consider all the facts surrounding your case.
4. H4 Visas: Traveling into the United States in H4 Status from Abroad
To enter the United States on an H4, you will need to fill out a DS-160. You must then pay your visa fee and schedule a visa stamping appointment at your nearby US Consulate. Once you have a valid visa you can freely travel in and out of the US in H4 Status. Even if your H4 is about to expire, you can enter the United States and remain for the duration of the I-797 approval of the H1B principal. Remember, there is a distinct difference between a visa and status.
Difference between Visa and Status
Visas
All nonimmigrants must have a visa. Visas are issue by the Dept. of State and international consulates. A visa allows you to apply for admission to the United States. Visas give you permission to approach the border. At the border, you can then ask the Customs and Border Patrol (CBP) for admission.
In some situations, an expired visa stamp may also be revalidated by CBP at an America border. Keep in mind, CBP does not issue visas. Again, this is only attainable at the consulate abroad.
Most foreign nationals seeking admission to the US, as nonimmigrants, need a visa. There are some exceptions. For example, some travelers may enter on what was known as the ‘visa waiver program’ (ESTA). Others, such as Canadian nationals, are predominantly visa exempt.
Status
“Status” and the word “visa” are often conflated. Status is designated by CBP and the Form I-94. Form I-94 sets the terms and conditions of your presence in America.
Thus, even though your visa may expire, you could be granted status that extends the duration of your visa.
6. Conclusion
Remember, the H4 visa does not need to be a complicated process. The process may seem daunting at first. Yet, I am happy to break down legal complexities to work with you and your family. If you have any questions or need help evaluating your case, please feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.
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Donnie Ramlal
1677009911
The entire team at Ashoori law has done a fantastic job of securing our E2 status here in USA . Every step of the process was very transparent and professional. They have treated us like family at the same time and have helped us secure an... opportunity to live the American dream . Special thanks to Michael , Ehsan , Rebecca , Patricia and others who have worked on our case .If you are looking for a law firm to attend to all your immigration needs , no matter what your situation is , look no more . Rest assured Michael Ashoori law have your best interests at heart . It’s a one stop shop , they handle everything for you 💯 %read more
uanderson duarte
1677000716
Well experienced , reliable and fast team , Ashoori Law team guided me efficiently in getting me and my family E2 Visa.
Vlado Kolistrkoski
1676563057
My experience with Ashoori Law started when my younger son had an issue with his green card and it was solved really very professionally so my son recommended me Ashoori Law. So when I found the love of my life Ashoori Law was the firm help me out... with all the advice and finally resolved the issue with getting the green card for my now new wife and because of that I am very satisfied and recommend Ashoori Law as a great professional and friendly firm providing excellent service.Best regardsVlado Kolistrkoski.read more
saha kabgani
1676487618
So happy to have worked with this law firm, We obtained them for my E2 Visa. They are for responsive, helpful and my entire process went very smooth considering I was very afraid not having the knowledge of how to proceed. I definitely recommend... them as I have also dealt with a few different lawyers regarding similar matter and unfortunately I did not have as great result as I did with them.read more
KAY QIAO
1676013472
Probably the most efficient and professional attorney I've worked with. They answered my emails fast and in detail, so I always could get the answer that I was asking for. Highly recommend to anyone who need true support and professionalism.Thank... you so much.:)read more
Felix Evans
1675895179
Ashoori Law, is the best and most professional Legal firm I have done business with. They provide support, responds to queries promptly and most of all provide excellent service dealing with the issues. Excellent Immigration Legal Firm
Leila Rafiei
1675888317
Ashoori Law gave us the guidance and expertise we were looking for our E2 visa. Always supportive, extremely knowledgeable and very thorough. Ashoori team is the success factor that resulted in an approved visa!
Michelle M Kang
1675473942
I was very pleased with the work Ashoori Law did for me and am excited to take the next step moving forward in my journey to immigration to the U.S. My decision to work with Ashoori was one of the greatest things I have ever done in my entire life.... During the several months working with the firm, I learned a lot about the firm in addition to my first impression from the initial consultation. Ashoori Law is young, driven, positive, and passionate about helping others achieve their goals and dreams in their lives. They have a keen eye for finding out what you have whether big or small and have the knowledge and skills that turn it into a success. If your chances of success in your immigration journey are 10%, they won’t give up and lead you somewhere you are fully qualified and successful. Of course, you have to be cooperative to make that happen. For example, your honesty, sincerity, determination, professional attitude, communication, etc. will matter all the way to your success. I believe that Ashoori Law has great potential to continue to grow and serve diverse clients from around the world.read more
Adeel ad
1675369694
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Matthew and... Business professional team were outstanding. Matthew and Kimberly also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements .read more
Ani Mikirdichian
1675115376
Ashoori Law has been a great partner throughout our immigration process. They have made this whole experience very easy and have answered all of our questions along the way. We highly recommend Ashoori Law and can not thank them enough!!
Ruth Ngakae
1675111500
Hello everyone,I wish to testify that Ashoori law firm is the right place for all kind of immigration issues,I personally have the best experience of my life being one of their client.The Ashoori law firm took me all the way from the beginning of my... case till date,the lawyers are so kind and very respectful,patient and understanding,they respond to your calls and reply your emails giving you update of your case and all what is needed to be done,they filled all my paperwork,sent to me to check and sent back to them for any corrections and gave me that warm assurance,as I am talking to you right now, my case has been approved,I am so grateful to God and the Ashoori law firm who sacrificed their time for me till this very moment,I am based in Georgia and they are based in California so bear in mind that distance is not a barrier,please hurry up and call Michael Ashoori and colleagues in any immigration case you have been battling with and then tomorrow you will definitely come here and testify your victory as I am doing now,My sincere big thank you to God Almighty who linked me to Ashoori law firm who has put a beautiful smile on my face and my entire family,Long live Ashoori law firm and God bless y’all 👍🙏🙏🙏🙏🙏🙏read more
Ever Zalazar
1675095317
Ashoori Law handled my working permit application professionally. Their staff is very professional. Since day one, I contacted them; I knew my process would have a positive outcome. During the whole process, I always received the support of the... team, any conference call to follow up was on time, and the information satisfied my questions. I'm delighted to have chosen Ashoori law.read more
Sahan Kaushal (Kawwa)
1675059855
I feel really happy that I have processed my Re-Entry Permit with Ashoori Law. They have been great, very responsive and professional. I would recommend 'Ashoori Law' to any one who is in need of anything related to immigration.I am highly... satisfied with their service. Thanks 'Ashoori Law'.read more
Shota Leladze
1674871442
The team is helpful! I've have the answers on all of my questions I've ever asked to them!
Leah H
1674833566
Our Texas based Endurance Horse Racing company was just approved for our E2 Visa along with our three essential employees yesterday at the Toronto Consulate. I wanted to thank Ashoori Law and their team for such excellent and professional care they... took for our family and business. We had a very unique case with an unusual business type, complicated investment, and three essential employees all being applied for at once. I have no regrets hiring their law firm to walk us through this process step by step ensuring that every t was crossed and I dotted along the way. We placed our lives in their hands, and they truly took care of us. I HIGHLY recommend their services to anyone looking to obtain an E2 status. A special thank you to their team member Christina who always replied promptly and thoroughly to all my questions, taking the time to really understand the uniqueness of our situation and having never met anyone on their team, really making us feel cared for and important.read more
Abdulakim Abrahim
1674829940
Please help me I am from Ethiopia thanks
AN
1674746245
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Rebecca and... Business professional Elaine were outstanding. Rebecca also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements and will let friends and family know as well.read more
Anne Summanen
1674700602
My family and I got a successful E2 Visa with the help of Ashoori Law. They are well organized and have a system that get things done. With the help of a portal, it made it easy for us to keep on track and to follow our progress. Every one was... extremely professional. Thank you so much! Highly recommended!read more
Pragadeesh Suresh Babu
1674687597
Had a great experience with Ashoori law after I was recommended to them by a colleague. They were very professional and answered all my questions in a timely manner. Definitely recommend!
Antoni Matte
1674652577
With the help of Ashoori law and their team, our application went smoothly and we were able to get our visa.
Brahim Bougrayne
1674620459
Im a citizen from Belgium and has applied voor a E2 visa and thanks too Ashoori Law i have been approved!!His team did a great job, they help you step by step and always can you reach them by phone, email or whatsup!!Thanks Ashoori Law
Adriana HERNANDEZ BERMUDEZ
1674529670
Hello,My name is Adriana, I am from Colombia. I married my husband Edward who is an American citizen in Bogota Colombia in 2013. My husband moved to Bogota in 2015 until we decided in late 2022 it was time for me to apply for my USA Residency.... We started searching for Immigration Lawyers and came accross Michael Ashoori through a referral from EIN Express where I received my ITIN number. We emailed Ashoori Law and quickly received a reply explaining that a phone interview was required. The interviewer was ontime and very efficient in answering all our questions and concerns. We then decided to use Ashoori Law. A list of documents which were needed were sent to us, keep in mind that if you do not provide these Documents in a timely manner Ashoori Law can not do their job to help you. We had one person ¨Zeser¨ from almost the very beginning to assist us with every concern or question until today he continues to answer questions. Ashoori Law office filed all the documents with USCIS in the first week of June, 2022 in January 2023 I received my United States Of America Employment Authorization Card. I sincerely recommend Ashoori Law not only for their excellent customer service but also for their efficient work.Thank You.Adriana Hernández Bermúdez.read more
Escheyder Acosta
1674504347
My company chose Ashoori Law to help me out in getting my work VISA to be able to move to the USA.At first, they send you a welcome email with all contacts and assigned lawyer. I think this is a nice touch so I can get familiar with the people... within the firm I can contact.I felt a little bit lost at first. They have their own sharepoint to upload files and fill out forms. However, after I had my first meeting with Lorianne (my lawyer) everything was cleared out.There was so many information to be gathered for my type of VISA. Lorianne was very helpful in giving us advise on the strategy to follow to present my case. Whole process to gather information took around 3-months.In the end, after one last meeting, we were able to have everything ready to submit. VISA was approved right away without any questions from the immigration department.This firm was great help during my process. I have only worked with Lorianne. However, judging by her response time and customer service, I think overall, it is a great firm for the process they helped me with.read more
Yoonmo Sang
1674433283
I've worked with Ashoori Law's lawyers on multiple occasions and had great outcomes always. In addition, the staff are very helpful and friendly. I would definitely recommend Ashoori Law for anyone.
Akash Giri
1674155687
I recently applied for a green card using the services of Ashoori Law firm. The firm's team are knowledgeable, professional, and attentive to every detail of my case. They helped me every step of the way and were able to answer any questions I had.... The communication was clear and very fast, making me very well -informed every step of the way. They are experts in the field and truly care about the clients. Highly recommended!!!read more
Raja Zulqarnain Haider
1673727230
We just had an E-2 approval from the U.S. consulate Islamabad Pakistan.We found this firm on the internet. When I read on their web page that they specialized in E2 visas, I send an email to Attorney Michael Ashoori for initial consulting. After a... brief phone conversation I was satisfiedThere is quite a lot of paper work involved and documents to be supplied. Our Attorney was Lahaina. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. And they have online portal where you can check your status anytime. Plus the whole team is available 24/7!We would definitely recommend using Ashoori lawread more
Phongmanas S
1673551512
Thank you so much everyone for your help. My O1 visa approved because of all your help and guidance and carefully looking on my evidence to submit with USCIS.This is a very good news of my life. It's proved that all my past work has qualify the... ability of myself to work in US.Thank you to all of you and Ashoori law team from the first day that we have talked so far.Regards,Tanread more
Lords Child 777
1673482463
Ashoori Law is the ABSOLUTE best law firm I have dealt with concerning Immigration and much more. Daniel Tierney Atty, is the most professional, intelligent, and courteous etc., Attorney I have communicated with. He is one of the main reasons I have... chose this law firm. This law group uses state of the art telecommunicating program where you are literally so informed and advised before, during, and after your calls with them. Their administration is fabulous as well. A to Z these people are the BEST! Try them and see for yourself.read more
Siranush Vardanyan
1673366640
My husband and I used Ashoori Law Services for our E2 Visa Application. Our case was a challenging one from the beginning but having assigned Rebecca as our attorney, the process started to move forward very smoothly. Rebecca is a highly... professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. We successfully got approval of our case thanks to Rebecca's professionalism and dedication. I have already recommended Ashoori Law firm to some of my friends, who are looking for a professional legal support. We intend to continue working with Ashoori Firm in future as well.read more
Samantha Jacobs
1673240791
Michael and his team are phenomenal, their set up regarding information is an easy step by step guide. We worked with a lady named Rebecca, she was always available when we needed her, answered all our questions when we weren't sure, and definitely... took the stress out of filling an application, this is the second time we have used Ashoori lawyers and will defiantly continue using them in the future.read more
Michael Ashoori, Esq.
U.S. Immigration Lawyer
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.