Completing Form I-539 for
Change or Extension of H-4 Status
  1. Dependents (spouse and children under age 21) of H1-B nonimmigrants are granted H-4 nonimmigrant status
  2. Form I-539, "Application to Extend/Change Nonimmigrant Status" must accompany H-1B Requests which also include a request for dependents to change immigration status to, or extend already approved H-4 status.
  3. Do NOT complete Form I-539 for dependents (spouse and/or dependent children of an H-1B) who are outside the U.S. Do NOT complete Form I-539 for dependents who have and, wish to continue in separate, independent nonimmigrant status (such as F-1, J-1, or their own H-1B).
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  4. Completing Form I-539
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Form I-539 for H-4 change of status and extension requests must be completed by/for the H-4 dependents, NOT the H-1B nonimmigrant. Form I-539 is not to include the H-1B nonimmigrant. Use the following guidelines to complete Form I-539 for H-4 nonimmigrant status.
  1. "Part 1. Information about you", refers to the dependent(s). Therefore, the name of the spouse seeking H-4 status or extension should be entered. If the spouse is not present in the U.S., or will continue in a separate nonimmigrant status, enter the information on the oldest dependent child seeking H-4 status or H-4 extension.
  2. In Part 1, do not enter address, street, city, state, and zip code information. The International Scholar Advisor will enter the LBL address in these spaces.
  3. In Part 2., if the nonimmigrant dependents already have H-4 status, choose item a. If the nonimmigrant dependents hold some other immigration status, chose item b. and enter H-4 as the "new status" requested.
  4. In Part 3. 1., the requested end date must be the end date used for the H-1B employee's H-1B request.
  5. In Part 3. 2., if Form I-539 is being filed with the H-1B employee's petition, answer 'NO'. If the H-1B employee has already received his/her extension of stay, change of status, change of employer or concurrent H-1B employment, answer 'YES' to the question, and enter the INS Receipt Number from the H-1B's Form I-797 approval notice in the box provided.
  6. In Part 3. 3., if IRSO (LBL) is filing the Form I-539 with the H-1B employee's petition, choose "Yes, filed with this application". If the H-1B petition has already been submitted to INS, but has not yet been approved, choose "Yes, filed previously with INS".
  7. Part 3. 4., should be completed with the name of the H-1B applicant.
  8. Part 4. "Additional information", on page 2 of the Form I-539 refers to information for the dependent listed in Part 1. Any question in Part 4, a through f; which can be answered with "yes" should be explained on a separate sheet of paper.
  9. IMPORTANT: On a separate sheet of paper, be sure to give the additional information required for Part 4. 3f.
  10. The signature in Part 5 must be that of the person listed in Part 1. If the applicant for H-4 status is a small child, the form should be filled out with the child's information, and signed in Part 6 by the parent.
  1. Supplement -1 (Form I-539)
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"Supplement - 1" is completed ONLY if there are additional children of the H-1B nonimmigrant, who wish to apply for H-4 status. If there are more than 5 additional dependents, attach another page for these dependents, giving the same information for each, as required in Supplement - 1. Do NOT include in the Supplement the H-1B nonimmigrant, or the person listed in Part 1 of the Form I-539. Only a legal spouse or children under the age of 21 can qualify for H-4 status. Since there are no work privileges for H-4 dependents, spouses may be able to apply for a separate H-1B if offered a professional job.