The H4 visa is a dependent visa granted to the immediate family members (spouse and children under 21) of H1B visa holders, the most common nonimmigrant US work visa for professionals. This guide addresses frequently asked questions about the H4 visa, focusing specifically on travel regulations for H4 visa holders, and answering the question, “Can an H4 visa holder travel outside US?”.
What is an H4 Visa?
The H4 visa allows immediate family members of H1B visa holders to enter the United States. To obtain an H4 visa, applicants must either apply for a change of status within the US through USCIS or apply through a US consulate abroad.
Dual Intent Privilege
H4 visa holders benefit from “dual intent,” meaning they can be the beneficiary of an I-140 (immigrant petition) and pursue legal permanent residency. This is a significant advantage over “single intent visas” like the B-1/B-2 (tourist visa) or F-1 (student visa). Holders of single intent visas must demonstrate they have no intention of abandoning their foreign residence.
Maintaining H4 Status and Travel
H4 visa holders can maintain their status as long as the principal H1B visa holder maintains theirs. Since H1B visas typically have a six-year limit, H4 status is similarly limited. However, extensions beyond the six-year limit are possible for H1B and H4 visa holders with approved I-140s, promoting immigration to the United States.
H4 Visa: Traveling into the United States from Abroad
To enter the United States on an H4 visa from abroad, you’ll need a valid visa stamp in your passport. This involves filling out a DS-160 form, paying the visa fee, and scheduling a visa appointment at a US consulate. Once you have a valid visa, you can freely travel in and out of the US in H4 status. Even if your H4 visa is about to expire, you can still enter the US and remain for the duration of the H1B principal’s I-797 approval.
Alt: Sample H4 visa showing key details like validity dates and visa type, essential for understanding travel permissions.
Visa vs. Status
It’s crucial to understand the difference between a visa and status:
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Visa: Issued by the Department of State and US consulates, a visa allows you to apply for admission to the United States. It grants permission to approach the border and request entry from Customs and Border Protection (CBP).
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Status: Determined by CBP and documented on Form I-94, status defines the terms and conditions of your stay in the US.
Your visa may expire, but your status can extend beyond the visa’s validity.
Changing to H4 Status and Traveling
Generally, individuals in other visa statuses (like F-1 or L-1) within the US can change to H4 status without leaving the country. However, maintaining activities consistent with your current status is crucial until the change is approved. For instance, F-1 students must maintain full-time studies.
Once you change to H4 status, you must adhere to its regulations, including restrictions on unauthorized employment.
Change of Status Considerations
USCIS determines the primary purpose of your stay by assessing how you spend the majority of your time. If you’re no longer engaged in activities related to your previous status (e.g., L-1 or F-1), a change of status is necessary.
Two options exist:
- Leave the US and apply for readmission in H4 status, including obtaining a visa stamp at a US consulate.
- Apply for a Change of Status (COS) within the US (eligibility requirements apply). A COS only changes your status and doesn’t provide a visa stamp.
Eligibility for Change of Status
Several factors determine eligibility for a change of status:
- Timing of your COS application.
- Maintaining valid status.
- Whether your current status permits a change.
- The requirements of the status you wish to change to (H4).
Careful analysis of these factors is crucial to determine eligibility and the advisability of applying for a change of status.
H4 Change of Status and Extensions
If the H1B holder receives an extension or change of status, it does not automatically apply to their dependents. To obtain H4 status, each dependent must file their own application, providing proof of the H1B holder’s valid status and evidence of the family relationship.
Alt: Form I-539, Application to Extend/Change Nonimmigrant Status, is essential for H4 visa holders seeking to extend or change their status within the U.S.
Filing an H4 Extension or Change of Status
While the H1B holder’s employer files Form I-129 for an extension or change of status, dependents must submit their own application using Form I-539 (“Application to Extend/Change Nonimmigrant Status”). Use Form I-539 to extend your status if you already hold H4 status. Use it to change your status if you currently hold a different status (e.g. F1, L1). The first dependent submits Form I-539 and additional dependents submit Form I-539A. Each applicant must submit a check for the filing and biometric fee. Check the USCIS website for current fees. The I-539 can be submitted jointly with the I-129.
Conclusion
Navigating the H4 visa process, especially regarding travel, can seem complex. Understanding the distinction between visa and status, eligibility requirements for change of status, and proper application procedures are vital for maintaining valid H4 status and ensuring smooth travel experiences. Always consult with an immigration attorney for personalized advice and to address any specific concerns.
