How to Avoid Common Pitfalls for Individuals in H-4 Status

All too often, H-4 dependents inadvertently find themselves in challenging immigration situations. This may occur because of a simple oversight or misunderstanding of the requirements to remain in valid status, or even potentially because of an error made by an immigration official. Below are three common pitfalls that can result in complications for individuals in H-4 status.

Failure to Extend H-4 Status

One common problem occurs when the principal H1B worker’s status is extended by their employer, but the employer and/or foreign national do not realize that a separate application is required to extend the status of the H-4 dependents.

If no application is filed to extend the status of the H-4 dependents, this likely will result in the dependents falling out of status. The longer this goes unnoticed, the more serious the potential consequences, as discussed in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022). Accordingly, it is important for both the principal H1B worker and the dependent in H-4 status to be aware of when their I-94s will expire, to ensure applications to extend their stay are timely filed.

I-94 Expiration Date Shortened at a U.S. Port of Entry (POE)

Another pitfall for individuals in H-4 status arises when they travel abroad and reenter the U.S. Upon reentry, U.S. Customs and Border Protection (CBP) officers may issue an I-94 matching the expiration date of the individual’s passport or visa “stamp,” which could be shorter than the expiration of the H1B holders’ approved petition. Or a CBP officer may simply make an error, issuing an I-94 with the incorrect expiration date.

H-4 dependents should be aware of the expiration date on their passports, and they should be sure to show the principal H1B spouse’s latest I-797 approval notice when entering the U.S. It is also a good idea for all nonimmigrants, including H-4 dependents, to check their I-94 expiration date immediately upon entering the U.S. This can help avoid serious problems and complications down the road.

Aging Out Children and Change of Status

A significant concern for children in H-4 status is the issue of “aging out.” Upon turning 21, a child of an H1B worker is no longer eligible for H-4 status. As a result, they must seek an alternative visa status if they wish to remain in the U.S. For example, prior to their 21st birthday, they may wish to apply for a change of status to F-1 to pursue or continue studies at a U.S. university. Careful planning is important to timely file the necessary applications before aging out.

Conclusion

Individuals in H-4 status should be aware of these common hazards to ensure they maintain lawful status in the United States. Timely filing for extensions, checking I-94 expiration dates upon reentry, and planning ahead for children who are aging out can help avoid unnecessary complications and ensure smoother transitions for H-4 dependents.

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