H-1B Extension Does Not Automatically Extend H-4 Status
Navigating the United States immigration system can be complicated, particularly when it comes to work visas and their dependent visas. One such situation arises when an H-1B visa holder extends their status, but what does this mean for their H-4 dependents? In this blog, we will discuss the implications of an H-1B status extension on H-4 dependent visas and how to ensure compliance with U.S. immigration laws.
Understanding H-4 Dependent Visas
The H-4 visa is a dependent visa that allows spouses and unmarried children (under 21 years of age) of H-1B visa holders to accompany them to the United States. H-4 visa holders are allowed to study, but they are not allowed to work unless they have obtained an Employment Authorization Document (EAD).
H-1B Status Extension and its Impact on H-4 Dependents
When an H-1B visa holder extends their status, it is important to remember that this does not automatically extend the status of their H-4 dependents. H-4 dependents must file a separate application to extend their own status. Failing to do so can result in the H-4 dependents losing their lawful status in the United States and potentially facing removal proceedings.
How to Extend H-4 Dependent Status
To extend the status of H-4 dependents, they must file Form I-539, Application to Extend/Change Nonimmigrant Status, with the United States Citizenship and Immigration Services (USCIS). The application must include the following:
- A completed Form I-539, signed by the H-4 dependent.
- The required filing fee, as listed on the USCIS website.
- A copy of the H-1B visa holder’s approval notice (Form I-797) for their status extension.
- Proof of the relationship between the H-4 dependent and the H-1B visa holder, such as a marriage certificate for a spouse or a birth certificate for a child.
It is recommended to file the H-4 extension application concurrently with the H-1B extension application to avoid potential gaps in status.
Conclusion
It is crucial for H-1B visa holders to understand that extending their own status does not automatically extend the status of their H-4 dependents. To ensure continued lawful status for H-4 dependents, separate applications must be filed using Form I-539. If you need assistance with extending H-4 dependent status or have questions about the process, visit www.elawimmgration.com for professional guidance and support.