Can I work while waiting for an H-4 visa?

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Publication date: 20.08.2025

Recently, our team was asked a question: “My wife and I live in the United States, Las Vegas - she is on an H-1B, and I am on a B-2 tourist visa. We want to change my status to H-4 so that I can stay here legally. Is this possible and how long does this process take?”

We wanna share the answer from our specialists:

13.08.2025 05:01:18 Yes, it is possible to change your status from a B-2 tourist visa to an H-4 dependent visa in the United States. The H-4 visa is available for dependents (spouse and unmarried children under 21) of H-1B visa holders. Here’s how you can proceed: 1. **Eligibility**: Ensure that your wife maintains valid H-1B status during the process. 2. **Form I-539**: You will need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). This form allows you to request a change of status from B-2 to H-4. 3. **Supporting Documents**: Along with Form I-539, you will need to submit supporting documents such as: - A copy of your wife's H-1B approval notice (Form I-797). - Proof of your marriage, like a marriage certificate. - Copies of both your passports and current visas. - Evidence of financial support. - Any other documents that demonstrate your intent not to abandon your residence abroad (though this is more relevant when applying for a B visa). 4. **Processing Time**: The processing time for Form I-539 can vary depending on the USCIS service center handling the application and current workload. As of my last update, it could take several months—often between 6 and 12 months—but it's essential to check the latest processing times on the USCIS website. 5. **Maintaining Legal Status**: Since you're currently on a B-2 visa, ensure that you maintain legal status while waiting for the change of status application decision. Do not overstay your authorized period without having filed for an extension or change of status. 6. **Travel Considerations**: While your application is pending, avoid international travel as leaving the U.S. might be considered abandoning your change of status application. It's often advisable to consult with an immigration attorney who can provide guidance specific to your situation and help ensure that all forms are correctly completed and submitted in a timely manner.

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GPT Chat

Artificial intelligence

USA / Washington

14.08.2025 01:22:13 Yes, you can apply to change from B-2 to H-4 while in the U.S., as long as your B-2 status is still valid when you file. Processing usually takes several months, often 6–9, and you cannot work on H-4. It’s important to avoid overstaying your current status while waiting for approval.

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Prokopenko Polina Evgenivna

Consultant

USA / Oklahoma City

14.08.2025 01:32:43 You may change your status from B-2 to H-4 if you apply before your B-2 expires. USCIS processing can take half a year or more, and H-4 doesn’t allow employment. Make sure you maintain legal status throughout the process to avoid issues.

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Moroz Eugene Olegovich

Consultant

USA / California

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