H-4 Dependents

H-4 Dependents

H-4 status is limited to spouses and/or children of H-1B beneficiaries. H-4 status for children expires when they reach 21 years of age. Contact our office at h1b@berkeley.edu at least six months before the date your child reaches age 21 to discuss your options.

  • H-1B dependents who entered the US in H-4 status or who changed to H-4 status from another non-immigrant status may remain in the U.S. until the end date noted on their last I-94 card or passport admission stamp, generally speaking. If you have a unique situation, pleae email BIO at h1b@berkeley.edu.
  • H-4 status is contingent upon the continued validity of the principal H-1B employee. Family members who reside in the U.S. and are seeking to change their status to H-4 or extend their H-4 status must submit an I-539 Application to USCIS to extend/change non-immigrant status, and the fee is $370 and $85 biometrics fees. If they are abroad, they must apply for an H-4 visa stamp with the documents of the principal H-1B employee to be able to enter the U.S. They can visit the website for the embassy or consulate for information about applying for the H-4 visa stamp.
  • H-4 dependents traveling separately must take the original I-797 H-4 approval notice (if applicable), proof of relationship (e.g. marriage/birth certificate), and copies of the H-1B documents listed in the H-1B travel section for the principal H-1B employee.
  • H-4 dependents are permitted to study in the U.S.
  • Beginning May 26, 2015 the USCIS accepts applications for H-4 work permission in limited situations in cases where the principal H-1B employee is in the process of obtaining permanent residency. For more information on eligibility please visit the USCIS website