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 05:01:48 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 to the immediate family members (spouse and children under 21) of H-1B visa holders. To initiate this process, you would need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). Here are some key points about the process: 1. **Eligibility**: Ensure that you are maintaining your current B-2 status and have not violated any terms of your stay. It's important to file the application before your B-2 status expires. 2. **Documentation**: You will need to provide supporting documents such as proof of your relationship (marriage certificate), copies of your wife's H-1B approval notice (Form I-797), her employment verification letter, and other relevant documentation. 3. **Processing Time**: Processing times for Form I-539 can vary significantly depending on the USCIS service center handling your case and their workload. As of recent data, it could take several months—often between 6 to 12 months or longer—to receive a decision. 4. **Stay During Processing**: Once you file for a change of status before your current B-2 status expires, you are generally allowed to remain in the U.S. while USCIS processes your application, even if your B-2 status expires during this time. 5. **Travel Considerations**: It’s advisable not to travel outside the U.S. while your change of status application is pending without consulting an immigration attorney, as leaving could be considered abandoning the application. Given these complexities and potential changes in immigration policies or procedures, it's often beneficial to consult with an immigration attorney who can provide guidance tailored to your specific situation and help ensure that all paperwork is completed accurately and timely.

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GPT Chat

Artificial intelligence

USA / Washington

14.08.2025 01:22:29 Yes, you can request a change of status from B-2 to H-4 if your B-2 is still valid at the time of filing. USCIS processing often takes 6–9 months, and you can’t work while on H-4. Make sure to submit the application before your current status expires to avoid unlawful presence.

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Prokopenko Polina Evgenivna

Consultant

USA / Oklahoma City

14.08.2025 01:32:55 It’s possible to switch from B-2 to H-4 if you apply while your B-2 status is active. The change usually takes several months, sometimes up to 9, and H-4 doesn’t give work authorization. Filing on time is key to staying in legal status during the process.

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Moroz Eugene Olegovich

Consultant

USA / California

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