Package for H-4 Visa Holder
Who should buy this package?
It is often the case that a spouse or child come to the United States as derivatives on a family member’s visa. For example, many families initially come to the United States because one member of the household receives an F-1 student visa, and his spouse and children accompany him as F-2 derivative visa holders. What happens to these family members if the principal visa holder changes his or her status from F-1 to H-1B? The answer might not be as straightforward as you would think.
It might seem obvious that these family members can no longer remain in F-2 status if the principal visa holder changes to H-1B status. However, what is less obvious is the fact the rest of the family’s immigration status does not change automatically along with the principal visa holder. These family members need to file their own applications with USCIS to align their status with that of the principal applicant. When the principal visa holder changes status to H-1B, the rest of the family needs to seek a change of status to H-4, Family Member of H-1B Nonimmigrant Worker.
The purpose of this package is to provide instructions to derivative family members who are already inside the United States, and who need a change of status to H-4 in order to become derivatives on their family member’s H-1B. While changing status from F-2 to H-4 is, perhaps, the most common type of change of status application in this situation, this package is not designed exclusively for individuals in F-2 status. This package is appropriate for anyone who meets the following criteria:
- You lawfully entered the United States and your nonimmigrant status has not yet expired;
- You are the spouse or unmarried child (younger than 21) of an H-1B visa holder; and
- You are not already in H-4 status.
This package is intended only for individuals who have “clean” criminal and U.S. immigration histories, and is intended for use only by individuals who have a lawful immigration status. You should not buy this package if you have a serious criminal history (including any convictions for drugs, no matter how minor) or you have committed violations of U.S. immigration law in the past. In either case, you might not be eligible for a change of status. In most cases, you are not eligible for a change of status if you hold J-1 or J-2 status and are subject to the two-year home residence requirement. If you have any reason to suspect that you might not be eligible for a change of status, you should consult with an experienced U.S. immigration attorney prior to filing your application.
What is in this package?
- Overview of the process of applying for a change of status to H-4, from start to finish.
- Checklist of forms and evidence that you will need to submit with your application.
- Step-by-step instructions for applying for a change of status to H-4. The step-by step instructions will guide you through the process of collecting necessary evidence, filling out your paperwork, submitting the application to USCIS, and everything in between.
- Sample Cover Letter. You shouldn’t judge a book by its cover, but USCIS does sometimes judge immigration applications by their cover letters! Following this template will help to ensure that your application is not erroneously rejected in USCIS’s mailroom.
- Example “Certificate of Translation,” which you will need if your application will contain any document written in a language other than English.
- Blank Immigration Forms, including the most common forms that are filed with an application to change status.
- Frequently Asked Questions, answering some of the most common questions that applicants have when seeking to change status to H-4.
How to use this package?
Follow the step-by-step instructions to complete, assemble, and file a successful application for a change of status to H-4 with USCIS. The package starts with an overview of the process, provides a checklist of the documents that you’ll need to submit with your application, and provides detailed instructions for how to complete each form. The package also contains instructions for preparing your application for mailing, and an explanation as to what happens after you file. Finally, the package contains crucial information about the rules and regulations associated with H-4 status that you’ll need to be aware of both before filing and after the change of status has been approved. Following the instructions in this package can help you to put together the strongest application possible.
Special instructions
As mentioned above, it is generally necessary to file applications to change status to H-4 before the expiration of a person’s authorized stay. If you file a request to change your immigration status to H-4 after your authorized stay has already expired, your application will likely be denied, and you may face serious immigration consequences. If your current authorized stay has already expired, you should consult with an experienced immigration attorney prior to filing.
While H-4 visa holders are permitted to live and study in the United States, they are generally not authorized to work. In certain, limited circumstances, USCIS can approve applications for Employment Authorization filed by H-4 visa holders. This package does not contain instructions for filing for Employment Authorization as an H-4 visa holder. If you hold H-4 status and you are interested in learning about whether you may qualify for Employment Authorization, you should consult with an experienced immigration attorney.
If your application to change status to H-4 is denied while you are inside the United States, and if this denial causes you to fall out of status, U.S. immigration officials will expect you to leave the country immediately. USCIS typically gives a 10-day grace period after a denial. You will accumulate unlawful presence if you remain in the United States after the grace period expires.