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H-4 Visas: Spouses & Children of H1B Visa Holders

H-4 Visas are a special category of visa designed for the spouses and children under the age of 21 of H-1B Visa holders. The status allows them to stay with the principal applicant, the H-1B Visa holder, in the US through the duration of the H-1B worker’s status. These dependents should apply directly at a US consulate for their visas; the same I-129 approval notice is valid for them as for the principal applicant.

Those in the derivative status conferred by an H-4 visa are ineligible to work in the US. However, an H-4 visa does allow a derivative to study in the US.

Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status.