We receive questions on a daily basis about H4 visas and status. For this reason, we have decided to create a FAQ in the hope of demystifying these issues.
Q: I have an H4. If my spouse changes jobs, can I still use my existing H4 visa?
A: Yes. H4 visas depend on two things: The continuing relationship between the H1B and the H4, and the H1B remaining in lawful status as an H1B. As long as these conditions do not change, an unexpired H4 visa remains valid no matter how many times the H1B principal may change jobs.
Q: If my H1B spouse changes jobs, do I need to have my H4 I-94 renewed?
A: While it is a good idea to keep the expiration dates the same for both the H1B and H4, it is not an absolute requirement. The USCIS does not have to do anything to the H4s I-94 when an H1B changes jobs. If the H4 is going to go abroad before his or her I-94 expires, then there is no need to spend the money on an extension application. He or she will simply get a new H4 I-94 when they reenter the US.
Q: What should an H4 do to remain in valid status?
A: At a minimum, an H4 must make sure that his or her I-94 does not expire. It is important to keep in mind the expiration date of the H1B principal’s I-94. If it expires, then no matter what date is on the H4 I-94, the H4 will go out of status. Of course, if the H1B files a timely extension request before his or her I-94 expires, then the H1B (and by extension, the H4) remains in status until a decision is made.
The important thing to remember is that an H4’s lawful status is entirely dependent upon the H1B principal. As long as the H1B remains in lawful status, and the H4’s I-94 has not expired, the H4 will also remain in lawful status.
Courtesy – Global Immigration Partners, Inc.