Maintaining Status During H-1B to H-4 Transitions and Back

Many families on H-1B visas face job changes, layoffs, or long green card waits, and switching between H-1B and H-4 status is often the safest way to stay legal in the United States. This guide walks you step by step through the full journey of moving from H-1B to H-4, living on H-4, then returning to H-1B when work starts again. It explains what to file, how long each step may take, and what you can expect from U.S. Citizenship and Immigration Services (USCIS).

Big picture: why switch between H-1B and H-4

The main goal is simple: do not fall out of legal status while jobs, family plans, or green card cases change. When you move from H-1B to H-4, you stop being tied to your own employer and instead become a dependent of your spouse’s H-1B. When work starts again, you can often switch back to H-1B from inside the country without going through the H-1B lottery a second time. VisaVerge.com reports this H-1B to H-4 strategy is now common.

Step 1: Confirm you qualify for H-4 dependent status

Before you file anything, check that you meet the basic rules for H-4. You normally qualify if:

• You’re the spouse of an H-1B worker. You must be legally married and able to show a real marriage, usually with a marriage certificate.
• Your spouse has valid H-1B status. You’ll need a copy of their Form I-797 H-1B approval notice and Form I-94.
• You’re in the U.S. in valid status when you file. Many people move from H-1B to H-4 this way; others move from F‑1, L‑1, or another visa.

Step 2: File Form I-539 to change from H-1B to H-4

To change to H-4 without leaving the country, you file Form I-539, the standard request to extend or change nonimmigrant status.

Most applicants must include:

• Completed Form I-539 signed by you
• Copy of your spouse’s H-1B Form I-797 approval notice
• Copy of your spouse’s most recent Form I-94
• Your passport biographic page and any prior U.S. visa stamps
• A government photo ID, such as a national identity card
• Your marriage certificate
• Proof of your current lawful status, such as your own H-1B Form I-94

Fees and timing

• Form I-539 filing fee: $410 (as of 2025)
• Biometrics fee: additional, if USCIS requests fingerprints/photos
• Always check the latest fee page on the main USCIS website because amounts can change.

Table: Typical processing and filing facts

What to expect after filing Form I-539

• USCIS will send a receipt notice with a case number so you can track your Form I-539 online.
• Processing times for H-4 changes usually run 2–3 months, but many cases stretch to 5–9 months depending on service center workloads.
• Premium processing is not available for Form I-539; you cannot pay to expedite H-4 approval.
• During the wait, you can remain in the United States legally as long as you filed while your H-1B was still valid and you follow all H-1B rules until that status ends.
• You cannot start living as an H-4 dependent until USCIS approves the case or you leave and reenter with an H-4 visa stamp.

Step 3: Know your rights and limits while on H-4

Once your case is approved and the start date on your new Form I-94 arrives, you’ll be in H-4 status. As an H-4 spouse, you may:

• Live in the United States as long as your spouse keeps valid H-1B status
• Study full‑time or part‑time without a separate student visa
• Apply for an H-4 EAD work permit in some situations using Form I-765

Important work limitation:

• You cannot work in the U.S. on H-4 unless you have a valid H-4 EAD card in your hand.
• To get that card, you file Form I-765; current processing times are often 3–6 months.
• Many couples choose H-4 status even without work permission so the family can stay together while the H-1B worker searches for a new job or waits for green card progress.

Key takeaway: H-4 preserves lawful presence and allows study; employment requires an H-4 EAD.

Step 4: Switching back from H-4 to H-1B

When a new employer is ready to hire you, the move back to H-1B is generally done through the company. If you previously counted against the H-1B cap, you usually do not need to leave the country to regain H-1B status.

What your new H-1B employer must do

• The employer files Form I-129, the H-1B petition, with USCIS.
• They can use premium processing for a decision in 15 calendar days, or regular processing, which often takes 2–6 months.
• If USCIS approves the petition with a change of status, you automatically move from H-4 back to H-1B on the date listed in the approval notice and new I‑94.
• Any pending Form I-539 for H-4 or another status becomes secondary once the H-1B approval takes effect, because the H-1B controls your stay.

Working while the new H-1B is pending

• If you are on H-4 (even with an H-4 EAD), you usually must wait for H-1B approval before starting work that is tied to H-1B status.
• Some choose to continue working on an H-4 EAD until the H-1B approval arrives, then transition roles or titles accordingly.

Step 5: Protecting your status during layoffs and gaps

U.S. rules give you a 60‑day grace period (or until your current I‑94 expires, whichever is shorter) if you lose your H-1B job. During that window you can:

• Look for a new H-1B employer and have them file Form I-129, or
• File Form I-539 to move to H-4, or
• Make plans to depart the United States.

Filing Form I-539 within the 60 days is often the safest way to keep your stay legal if a new job is not lined up.

Travel and pending change‑of‑status cases

• Be very careful about international travel while a Form I-539 change of status is pending.
• If you leave the United States before USCIS decides, they often treat the application as abandoned.
• In that case, you’d likely need to apply for an H-4 visa stamp at a U.S. consulate abroad and reenter, rather than receiving H-4 status from inside the country.

Warning: Leaving the U.S. while a change-of-status application is pending can invalidate the application and require consular processing instead.

Step 6: How H-1B, H-4, and green cards interact

Many families switch between H-1B and H-4 while waiting for employment‑based green cards to move forward. Key interactions:

• If you have an approved Form I-140 immigrant petition, you may qualify for H-1B extensions beyond the normal six‑year limit, even if you switch employers.
• This can give extra time for both H-1B and H-4 family members to remain in the United States lawfully.
• If you later file Form I-485 to adjust status to permanent residence, moving between H-1B and H-4 normally does not hurt the green card case, but it’s important to keep every stay legal and well documented.

Practical planning tips for families

Plan each move—H-1B to H-4, then H-4 back to H-1B—like a small project with dates and documents so you’re not rushing at the end of your status. Suggested steps:

• Keep a folder with all H-1B and H-4 approval notices, I‑94 records, and passports for every family member.
• Track H-1B job end dates and I‑94 expirations so you don’t miss the 60‑day grace period.
• Talk with the new H-1B employer early about filing Form I-129 with premium processing if timing is tight.
• Review official change‑of‑status pages on USCIS.gov and the forms linked above for detailed instructions.
• Consider speaking with an experienced immigration lawyer who can review your full history and help you time each H-1B and H-4 step correctly for your whole family.

Final reminder: Keep every stay and filing well documented, watch deadlines, and consult official USCIS guidance or an immigration attorney when in doubt.