Can H4 Visa Work in US?
H4 to F1 Change of Status
At a Glace
H4 Visa Explained
What is H4 Visa
The H4 visa is a non-immigrant visa status that allows the spouse and unmarried children under 21 of H1B visa holders to legally enter and remain in the United States. It is a dependent visa, meaning H4 visa holders are dependent on the principal H1B visa holder's valid immigration status.
H4 visa holders are typically not allowed to work or engage in employment in the U.S. unless they obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services(USCIS).
Read More about H4 Visa
H4 Visa Eligibility
- Eligible Dependents: The H4 visa is available to spouses and unmarried children under 21 years old of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders.
- Job Loss of Primary Visa Holder: If the H1B visa holder loses their job, H4 dependents have 60 days to secure another nonimmigrant status to stay in the U.S.
- Divorce: If the primary H-type visa holder divorces, the H4 visa status of the dependents is terminated immediately with no grace period, requiring them to leave the country.
- Age Limit for Children: Dependent children on an H4 visa must switch to a different non-immigrant visa, such as the F1 Student Visa, upon turning 21 to remain in the U.S.
Rights of H4 Visa Holders in the US
The H4 visa allows spouses and unmarried children under 21 of H1B holders to legally reside in the U.S. while accompanying the H-1B worker. H4 visa holders have these rights:
- Legal residency: as long as the H1B family member maintains status
- Education opportunity: Enroll in academic/vocational courses
- Work authorization: Potential employment authorization (EAD) if their H1B spouse has an approved Form I-140 in the green card application process
- Health insurance: Access healthcare through spouse insurance plans
- Driver license: Apply for driver's licenses in most states
- Travel ability: Travel in/out of U.S. aligned with H1B family member
- Access to legal counsel: Consult immigration attorneys for rights and policy changes
Can an H4 Visa Holder Work in the US?
H4 Visa Allowed to Work
While the primary purpose of the H4 visa is to accompany the H1B worker, there are 2 pathways for H4 visa holders to legally work in the United States.
H4 Visa Work Authorization - H4 Employment Authorization Document (EAD) card
When the H1B spouse is on the path to permanent residency (green card) and gets an approved Form I-140, H4 visa holders are eligible to get an H4 EAD card and work in the US.
Changing H4 to F1 Student Status
Another option for H4 visa holders to work is by changing their status to an F1 student visa. The F1 visa is a non-immigrant visa given to international students engaging in full-time study at educational institutions in the U.S. Once approved for F1 status, international students can work through the following programs:
- Curricular Practical Training (CPT): CPT allows F1 students to participate in paid internships or cooperative education programs directly related to their field of study. Some universities allowed students to start extracurricular employment since day 1 of school enrollment.
- Optional Practical Training (OPT): OPT is a temporary employment authorization that permits F1 students to work for up to 12 months (or longer for certain STEM fields) after completing their degree program.
It's important to note that the process of changing from H4 to F1 status involves meeting specific eligibility requirements and obtaining approval from USCIS.
Maintaining Legal Work Authorization. Regardless of the pathway chosen, H4 visa holders must maintain valid work authorization throughout their employment in the US. Failure to do so could result in violations of immigration laws and potentially jeopardize their legal status.
Read More about H4 Work Authorization
How Can an H4 Visa Holder Work Without an H4 EAD?
Changing from H4 to F1
If your H1B spouse's green card application has not reached the I-140 stage or the green card process has not been initiated, then you have the option to change your status from H4 to F1. As an F1 student, you can then use the benefits of CPT and OPT to work and earn income in the US.
What Schools Can You Apply to?
If you're considering a transition to F1 status, there are several types of programs you can choose from.
- Traditional Master's Degree Programs: These are full-time graduate programs offered by universities and colleges. They typically have a fixed enrollment window, and require a substantial course load and can take 1-2 years to complete, depending on the field of study.
- Day 1 CPT Programs: A Day 1 CPT University refers to an institution in the U.S. that offers certain master's or doctoral programs allowing international F1 students to participate in CPT - paid internships or employment related to their field of study - from the very first day of their program. This Day 1 CPT option enables eligible international students to begin internships or work right away without the typical waiting period required in other schools.It's important to note that Day 1 CPT is not universally available across all universities and programs in the U.S. Contact us for full Day 1 CPT school list.
- English Language Programs: Some universities and city colleges offer intensive English language programs for international students who want to improve their English proficiency before pursuing a degree program. However, choosing these programs might put you at risk, as USCIS may question why you choose to pursue a language program if you already have a degree and working experience in the United States, making it harder to justify your intention.
While all of these options are viable, Day 1 CPT programs may be the most attractive choice for those transitioning from H4 to F1 status.
- Immediate Employment: Day 1 CPT schools allow F1 students to use CPT for full-time or part-time employment, on-campus or off-campus jobs, starting from their very first day of studies. Most traditional schools require F1 students to complete one academic year before becoming eligible for CPT, and during semesters they can only work up to 20 hours per week, with 40 hours allowed during breaks. Day 1 CPT schools provide F1 students more opportunities to work, gain experience, earn income to reduce financial pressures right from the start of their program.
- Affordable Tuition: Day 1 CPT programs typically have lower tuition fees compared to traditional degree programs, making them a more cost-effective option.
- Flexibility: Many Day 1 CPT schools have multiple enrollment windows throughout the year, allowing for a quicker transition from H-1B to F1 status.
- Streamlined Admission Process: The admission process for Day 1 CPT programs is often more straightforward and quicker than traditional degree programs, enabling you to obtain the required documentation for your F-1 visa application faster.
- Lower Course Load: Day 1 CPT programs generally have a lighter course load compared to traditional master's programs, allowing you to balance your studies with practical training or other commitments.
- Legitimacy: Day 1 CPT programs are recognized by the USCIS as a legitimate path to F-1 status, reducing the likelihood of your intent being questioned during future green card or visa change processes.
Find your best Day 1 CPT school with free unlimited consultation!
Benefits for Changing from H4 to F1
Switching from an H4 to an F1 visa presents numerous advantages, particularly for those seeking immediate employment and educational enrichment in the United States.
Immediate Employment Opportunities
Transitioning to an F1 visa allows immediate employment opportunities without the waiting period for H4 EAD approval, which can be delayed due to H1B spouse's I-140 approval issues. With the availability of day 1 CPT schools, you can start working right from the first day of your program. This not only provides the chance to earn an income to support your family but also helps in gaining valuable work experience and self-improvement. Furthermore, F1 status holders are eligible for OPT post-graduation, extending employment possibilities.
Enhanced Educational Prospects
An F1 visa offers broader educational opportunities. By pursuing higher education in the U.S., you increase your chances of securing enhanced career opportunities, as earning a U.S. degree is highly regarded both locally and internationally. This can be a significant step forward in achieving your professional goals.
Increased Personal Independence
Shifting to an F1 status provides greater independence from your H1B spouse. Your visa status becomes independent, allowing you more stability and security in your residency in the U.S. This independence is crucial, especially in situations like facing a divorce or your spouse's H1B layoff, as it ensures that your status and stay in the country are not jeopardized.
Change of Status from H4 to F1
Can You Change Status from H4 to F1?
As an H4 visa holder, you are eligible to change your status to F1 if:
- You have entered the U.S. legally in a nonimmigrant status.
- Your current nonimmigrant status is valid.
- You comply with the conditions of your status without violations.
Note: conditions of violations include: working without EAD as an H4 visa holder, remaining in the U.S. upon the termination of the primary visa holder’s H1B status.
- You are able to provide evidence of having adequate financial means to support their living costs and educational expenses during their studies.
- You have a clean record, without having committed any criminal activities that would disqualify you from changing your status.
Read More about Changing from H4 to F1
Step 1: Get Accepted by a School and Receive I-20
Apply and gain acceptance from a U.S. school certified by the Student and Exchange Visitor Program (SEVP). Obtain the Form I-20 from the school's Designated School Official (DSO), which should specify a "change of status."
Step 2: File Form I-539 for Change of Status
- Pay the I-901 SEVIS fee and draft a letter detailing why you are seeking to change your status to F1.
- Submit Form I-539 to USCIS along with the required documents, including your explanation letter. If desired, apply for premium processing by also submitting Form I-903 and the associated fee.
Step 3: Receive the USCIS Result and Start Classes Upon Approval
- Pay the USCIS filing fee ($420 for online, $470 for paper submissions).
- Wait for the USCIS decision, and upon approval, proceed to start your classes.
Change of Status H4 to F1 - Required Documents
- Copy of the form I-20, with your signature on the Student Attestation section.
- Completed Form I-539 for the application to extend/change nonimmigrant status, with a filing fee ($420 for online; $470 for paper).
- An explanation letter detailing the purpose of application.
- Receipt of the I-901 SEVIS fee of $350.
- A financial statement proving sufficient funds for the entire duration of your studies.
- Copies of your passport and H4 visa.
- Copy of Form I-94, which shows your dates of arrival and intended departure from the U.S.
- Copies of the H1B holder’s I-94 and last three pay stubs.
- Documentation confirming your intent to return to your home country after completing your studies.
- Copy of your marriage certificate.
Change of Status H4 to F1 - Processing Time
The processing time for changing your status typically ranges from 3 to 8 months, depending on individual circumstances.
Premium processing is available for those seeking to change their status to F1. This service ensures a response from USCIS within 30 calendar days after all required materials are submitted.
✅Prepare the application materials
✅Secure an admission letter within 1 week
By Mail - You can legally remain in the U.S. after receiving a receipt notice, typically after 5 days of mailing your materials.
Online - You can legally stay in the U.S. after completing your online submission.
Processing Speed: Normal Processing: 3 to 8 months Premium Processing ($1,750 fee): 1 month
Why You May Fail to Change from H4 to F1 Status
Changing from H4 to F1 status usually has a high approval rate, but there are chances that your application might be rejected by USCIS. Here are the common reasons:
- Insufficient Proof of Ties to Home Country: Failing to demonstrate that you will return to your home country after your studies can result in denial, as F1 status requires non-immigrant intent.
- Financial Inadequacy: It is essential to show that you have sufficient financial resources to cover your education and living expenses while in the U.S. Lack of adequate funding can lead to a denial.
- Mismatched Intentions: If your application or interview responses suggest goals that are not aligned with being a student, such as immediate employment or permanent residency, your application may be denied.
- Incomplete or Incorrect Documentation: Errors or omissions in your application paperwork can significantly delay or even disqualify your status change.
- Impact of I-140 Filing: An I-140 petition filing indicates a desire for permanent residency, conflicting with the temporary nature of the F1 status and suggesting immigrant intent.
- Past Immigration Violations: Any previous violations of U.S. immigration laws may indicate to USCIS that you are a risk for future non-compliance, negatively affecting your application.
#faqs
Frequently Asked Questions
Have Question about H4? We are here to help
Can I work or study during the pending period?
No. While you are permitted to stay in the U.S. during the pending period for the status change, you are not allowed to either work or study during this time.
Can I change my status from H4 to F1 in the middle of a Day 1 CPT program?
Yes. You can enroll in a program as an H4 student and then shift to F1 during the program. However, there might be a gap caused by the pending period. You may consider using premium processing to shorten this gap.
Do I need to go through a visa interview if I temporarily leave and re-enter the U.S. after completing the change of status?
Yes. Upon the change of status, your new status will be F1. To re-enter the U.S., you will need to invalidate your H4/F2 visa and apply for a new F1 visa, which means a visa interview will be necessary.