Process of Changing Status from H1B to H4 Visa

Changing your visa status from H-1B to H-4 is a critical process, but it can come with challenges. Whether it’s navigating paperwork or ensuring all requirements are met, it’s not uncommon to run into roadblocks along the way. 

One of the most common issues arises when applicants are unsure about the eligibility criteria or the required documents. This confusion can lead to delays, missed deadlines, or even a denial of the application.

In this blog, we’ll break down everything you need to know about the H-1B to H-4 visa transfer status. From eligibility requirements to steps for submission and processing times, we’ve got you covered. Let’s dive into the details of how to successfully make the transition and avoid any bumps along the road.

 

 

Overview of the H-4 Visa

The H-4 visa is an essential pathway for the spouses and children of H-1B visa holders to remain in the United States. If you’re looking to change your status from H-1B to H-4, it’s important to understand the core features of the visa.

Here’s a quick breakdown of what you need to know about the H-4 visa:

• Issued to Dependents: The H-4 visa is granted to the spouse and unmarried children under 21 years old of H-1B holders.
• Validity Tied to H-1B Status: The duration of your H-4 visa is directly tied to your spouse’s H-1B visa. If their status changes, so does yours.
• Permission to Study: While H-4 visa holders can’t work without an EAD, they are allowed to attend school or enroll in educational programs.

Understanding the fundamentals of the H-4 visa helps you better prepare for the transition. For assistance in the process, consult with The Law Offices of Sweta Khandelwal, where experienced professionals can guide you every step of the way.

Eligibility Criteria for Changing Status from H-1B to H-4

When applying for a change of status from H-1B to H-4 visa transfer status, it’s essential to meet specific eligibility criteria to ensure the process goes smoothly.

• Spouse’s Valid H-1B Status: The most critical requirement is that your spouse must hold a valid H-1B visa. This proves that they are in lawful immigration status and allows them to transition to an H-4 visa. Please note that being the principal H-1B visa holder, you must maintain a valid H-1B status for your dependent spouse to change status to H-4. 

• Legal Marriage: You must be legally married to the H-1B holder. The U.S. government requires proof of a bona fide marriage, typically in the form of a marriage certificate. If your marriage took place in a country where records may not be in English, make sure to have them translated.

• Clean Legal Record: A clean legal history is important. Any criminal convictions could negatively affect your eligibility, so maintaining a clear record is vital.

• No Overstays: Ensure that your previous visas and status were maintained correctly. Overstaying or violating the terms of your current visa can make you ineligible for H-4 status.

Also Read: Switching Jobs After Receiving Employment-Based Green Card

Steps to Change Status from H-1B to H-4 Visa

The H-1B to H-4 visa transfer status transition involves specific documentation and careful timing to avoid complications. Here’s a detailed breakdown of the steps you need to follow.

• Start Early

The first step is to start the application process at least 2-3 months before your H-1B status expires. This gives you a sufficient buffer to collect your documents, submit the application on time, and address any issues that might arise during processing. Delays in applying can put you at risk of falling out of status, which can have serious consequences.

• Gather Your Documents

To apply for a change of status, you’ll need to provide several key documents. These include your Form I-539, the H-1B approval notice (Form I-797), your spouse’s Form I-94 (arrival and departure record), a birth certificate with photo ID, a copy of the biometric page of your passport, a national identity document with photo, and a copy of your marriage certificate. 

If your marriage certificate is not in English, be sure to provide a certified translation. Additionally, gathering any other proof of your relationship—such as joint financial statements, photos together, or shared utility bills—can strengthen your application and avoid potential delays from a Request for Evidence (RFE).

• Submit Your Application

Once you’ve gathered the necessary documents, you can submit your application to USCIS. The Form I-539, which is the core document for changing visa status, requires a filing fee. Be sure to double-check that all documents are completed correctly to avoid any delays.

• Maintain Employment Until Approved

While your application is pending, you can continue working under your H-1B visa status. However, once your H-4 visa status is approved, you must stop working unless you apply for an Employment Authorization Document (EAD). An H-1B holder can continue working only while their H-1B status remains valid.

• Travel Considerations

One important factor to keep in mind is travel. If you decide to travel outside the U.S. while your change of status application is pending, you risk having your application considered abandoned. This could cause significant delays and complications in the process. If you must travel for any reason, it’s advisable to consult with an immigration attorney to get personalized advice based on your situation.

• Track Your Application

After submitting your application, you’ll receive a receipt notice (Form I-797) from USCIS. This notice will allow you to track the status of your case online. It’s essential to monitor this regularly to ensure no issues arise during processing. Any requests from USCIS, such as an RFE, should be addressed as quickly as possible to avoid delays.

Changing your status from H-1B to H-4 may seem complicated, but following the correct steps can make it much easier. If you’re feeling uncertain about any part of the process, Sweta Khandelwal can guide you through each step

Employment Authorization for H-4 Visa Holders

The general rule is that H-4 visa holders are not authorized to work in the United States. But if you want to work, here’s what you need to know.

• Eligibility for an EAD: To apply for an EAD on an H-4 visa, your H-1B spouse must meet specific criteria. They need to have either an approved Form I-140 (Immigrant Petition for Alien Worker) or have been granted an extension of their H-1B status beyond the usual six-year limit due to a pending green card application. Without these conditions, H-4 visa holders cannot apply for an EAD.

• Application Process: The application for an EAD is done through USCIS using Form I-765. You’ll need to submit proof of your H-4 status (such as your H-4 approval notice or Form I-94), your marriage certificate, and other supporting documents. It’s crucial to use the most current version of the form to avoid any issues or delays. 

• Application Fee: The filing fee for an EAD application is paid directly to the U.S. Department of Homeland Security. If your EAD application is approved, you’ll receive the document, which grants you the legal right to work in the U.S. while holding your H-4 status.

• Processing Time: The processing time for an EAD application can vary, but it typically takes 3-6 months for USCIS to make a decision. You can apply for the EAD up to 180 days before your current work authorization expires, which can help prevent any gaps in employment. Timely application submissions are essential for avoiding delays.

• EAD Renewals: Once your EAD expires, you must renew it to continue working. Similar to your initial application, this will require submitting a new Form I-765 along with all necessary documentation. 

Also Read: Process of Transitioning from TN Visa to a Green Card

Processing Time and Fees for H-1B to H-4 Transition

Understanding the processing time and associated fees for changing your status from H-1B to H-4 visa transfer status is crucial for planning your next steps. This process can take some time, and the costs involved should be considered as part of your overall strategy.

• Processing Time

Typically, the processing time for your H-1B to H-4 visa transfer status application takes around 2-3 months. However, depending on the service center and its workload, the processing time could stretch to 5-9 months. USCIS often experiences delays, especially during peak periods, so be prepared for potential waiting periods.

• Application Fees

The filing fee is required for Form I-539, the main document required to request a change of status. The biometric fee has been waived as of October 2023.

• Attorney Fees

While it’s possible to handle the H-1B to H-4 transition on your own, many applicants opt to hire an immigration attorney to guide them through the process. Attorney fees can vary depending on the complexity of your case and the law firm you choose. This is an investment in ensuring that your application is submitted correctly and that potential issues are handled efficiently. 

• Additional Costs

Depending on your situation, you may also incur other costs, such as obtaining certified translations of documents or paying for mailing services. These additional expenses can add up, but they’re usually minimal compared to the overall cost of the visa application.

• Delays and Requests for Evidence (RFE)

Occasionally, USCIS may issue a Request for Evidence (RFE). This could result in a delay of several weeks or even months. It’s important to respond to an RFE promptly to avoid further delays in your case.

Planning ahead and understanding both the time commitments and financial requirements involved in the H-1B to H-4 visa transfer status process can help you avoid unexpected setbacks. 

If you need assistance with ensuring everything is filed properly or have concerns about the fees, The Law Offices of Sweta Khandelwal can help guide you through every step, making sure your application is as smooth as possible.

Options if H-1B to H-4 Application is Rejected

If your application for H-1B to H-4 visa transfer status is rejected, don’t panic. While it can be a setback, there are steps you can take to address the situation and maintain legal status in the U.S. Here are some options to consider if your change of status application is denied.

• Understand the Reason for Rejection: The first step is to carefully review the rejection notice from USCIS. This notice will explain the reasons for the denial. Common reasons include incomplete applications, missing documents, or failure to meet eligibility requirements. If the issue is something minor, such as a missing document, you may be able to resolve it by reapplying with the correct paperwork.

• Reapply for the H-4 Visa: If your application is rejected due to a technical error or missing documents, you may be able to reapply. You’ll need to address the issues that led to the rejection by submitting a complete and accurate application. 

• Switch to a Different Visa Status: If reapplying for the H-4 visa doesn’t seem like a viable option or if you need to explore alternative pathways, consider switching to a different visa status. For example, you may be able to apply for a B-2 tourist visa or another non-immigrant visa, depending on your situation. However, keep in mind that switching to another visa status may have limitations and could impact your future immigration options.

• Consular Processing: In some cases, if the change of status is denied within the U.S., you might be able to apply for the H-4 visa at a U.S. consulate abroad. Consular processing involves attending a visa interview at a U.S. embassy or consulate in your home country. Although this option may take more time due to the need for a visa interview and potential travel, it could ultimately be a quicker path to securing an H-4 visa if you’re unable to get approval within the U.S.

• Avoid Overstaying Your Visa: Overstaying can lead to the accumulation of “unlawful presence” in the U.S., which can result in significant immigration penalties. 

For example, overstaying for more than 180 days but less than a year can result in a three-year re-entry bar. Overstaying for more than a year could lead to a ten-year bar. If you file for a change of status before your H-1B expires, you can remain in the U.S. while the case is pending. If you find yourself in this situation, consult an immigration attorney as soon as possible to explore your options and avoid further complications.

Being proactive and informed is essential when your visa application is rejected. By exploring your options and seeking the right legal advice, you can continue working toward a successful H-4 visa status and avoid complications down the road.

Also Read: Securing O-1B Visa as a Photographer in the USA: A Step-by-Step Guide

 

 

Conclusion

Changing your status from H-1B to H-4 visa transfer status offers a valuable option for those wishing to stay with their spouse in the U.S. while not necessarily working. However, navigating the visa transition can be tricky without careful attention to the steps involved. Given the complexity of the application, as well as the potential for delays or rejections, having professional legal guidance can make all the difference. 

If you want to avoid unnecessary setbacks and ensure your application is handled properly, working with experienced professionals like The Law Offices of Sweta Khandelwal can give you peace of mind throughout the process. Whether you need help understanding the eligibility criteria, managing documentation, or exploring your options if your application is rejected, Sweta Khandelwal and her team are here to guide you every step of the way. If you’re ready to navigate this transition smoothly, Contact the Law Offices of Sweta Khandelwal for assistance today.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.