H-4 visas are issued to the H-1 holder's spouse and
children under twenty-one years of age. Holders of H-4 visas are considered to
be dependents of H-1B visa holders. As H-4 status holders, spouses and children
under twenty-one years of age may be entitled to enter and remain in the United
States for the duration of the H-1 holder's authorized stay.
The duration of their stay is limited to and equal
to that of the H-1B visa holder. H-4 holders are permitted to attend school on
either a part-time or full-time basis. H-4 holders are not permitted to work,
however, unless otherwise authorized by the USCIS.
To
obtain an H-4 visa to enter the U.S. with their H-1B beneficiary spouse, both
husband and wife should visit the U.S. Consulate located in their home country
and apply for both the H-1B visa and the H-4 visa simultaneously. All required
documentation should be brought to the U.S. Consulate at that time.
Similarly,
if an H-1B holder is in the U.S. and their spouses are overseas, the spouse may
apply for an H-4 visa at the U.S. Consulate by themselves in their home country.
H-4
visa holders may later adjust their status to anyone of the following: H-1,
F-1, B-1,
B-2,
and other non-immigrant status. H-4 holders may stay in the U.S. for a maximum
period of six years.
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