H-4 for Family Members

If you would like OIS to submit an H-4 application concurrently with a JHU sponsored H-1B petition, the H-1B employee must submit the following eForms in iHopkins. Access to complete these forms is only available when a JHU hiring department or division initiates an H-1B Application.

• H-4: Dependent Questionnaire(s)
• H-4: I-539 & G-1450 Upload
• H-4: I-539A Upload [if applicable]

These eForms are used to collect Form I-539, Form G-1450 and Form I-539A [if applicable] and supporting documents.  Submission of these eForms does not constitute submission of an H-4 application to USCIS.

Each applicant must ensure they are using the most recent version of Form I-539/I-539A available on the USCIS website.

Applicants must ensure they are signing Form I-539 and Form(s) I-539A (if applicable) following USCIS instructions for signing.

As a personal application, OIS can only advise on information entered into the following sections of Form I-539:

• Part 2: Questions 1 – 4
• Part 3: Questions 1 – 4

OIS will not review any information entered into Form I-539A.

As outlined in the I-539 instructions, each Form I-539/I-539A must be accompanied by supporting evidence including, but not limited to:

• Most recent I-94
• Passport ID page [showing passport is unexpired]
• Evidence of current immigration status [ e.g. I-20 forms, DS-2019 forms, EADs, I-797 Forms, visa stamps, etc…]
• Proof of relationship to the H-1B [i.e. proof of legal marriage or birth certificate]

All documents must be in English or accompanied by a translation. See Form I-539 instructions [page 13] for more information on translation requirements.

Additional supporting documents may be necessary depending on the individual’s specific immigration status or unique circumstances. For example, some applicants may need to provide evidence of a waiver of the two-year home residency requirement, paystubs (for themselves or a dependent family member), etc.

OIS will not review the I-539 evidence. OIS will print and submit Form I-539/I-539A and supporting evidence *exactly* as they are uploaded to iHopkins.

Johns Hopkins University pays USCIS H-1B filing fees via a university issued credit card and submission of Form G-1450. USCIS requires I-539/I-539A forms concurrently filed with the H-1B petition include a filing fee payment in the same manner [i.e. also by credit card].

H-1B applicants that would like OIS to submit an H-4 application [Form I-539/I-539A] with the JHU sponsored H-1B petition, must pay the filing fee by credit card and submit a properly competed Form G-1450.

Applicants must ensure they are using the most recent version of Form G-1450 available on the USCIS website.

Applicants must ensure they are signing Form G-1450 following USCIS instructions for signing.

Only Form I-539 requires a fee. Submission of one (or more) I-539A forms does not require any additional fee.

If your dependent(s) are currently outside of the U.S. or your dependents are currently inside the U.S. and plan to travel to change to H-4 status or extend their current H-4 status, the following guidance may be helpful.

Review the website for the U.S. Consulate where your dependents will apply for H-4 visa stamps. Visa application requirements may vary from consulate to consulate. In addition, depending on an applicant’s specific circumstances, a consulate may require additional documents.

In addition to specific requirements set forth by the Consulate, OIS recommends H-4 dependents carry the following:

• Valid passport
• Copy of H-1B approval notice [Form I-797]
• If the H-4 dependent filed Form I-539 and it was approved by USCIS, original H-4 approval notice [Form I-797]
• Proof of relationship to H-1B [e.g. proof of legal marriage or birth certificate*].
• If the H-1B is already in the U.S. and employed by JHU, the H-4 applicant should carry the H-1B dependent family member’s three most recent paystubs.

*Any document that is not in English or accompanied by a translation.

Citizens of Canada do not require visa stamps. Canadian citizens changing to or extending H-4 status through travel should carry the documents above when seeking admission to the U.S. at a port of entry.

Some H-4 dependent spouses may be eligible to apply for employment authorization as a benefit of their H-4 status. Eligibility criteria for this benefit is available on the USCIS website. An application for H-4 work authorization is a personal application. OIS cannot advise applicants on any part of the application process.

An application for H-4 work authorization can be filed by the applicant without the assistance of OIS or concurrently with a JHU sponsored H-1B petition. OIS will only submit an H-4 work authorization application to USCIS when it is sent concurrently with JHU’s H-1B petition. OIS cannot submit standalone H-4 work authorization applications. Individuals applying for H-4 work authorization based on an already approved H-1B petition will need to prepare the H-4 work authorization application and file it directly with USCIS.

If you have a H-1B case in progress and would like OIS to concurrently file a H-4 work authorization application with your JHU sponsored H-1B application, you must do the following:

• Inform the OIS Advisor assigned to your H-1B case about the H-4 work authorization application
• Prepare the H-4 work authorization application following the instructions on the USCIS website
• Notify the OIS Advisor when the H-4 application is ready for submission
• Follow OIS instructions for submitting the H-4 work authorization application to OIS

USCIS does not prohibit H-4 dependents from enrolling in a full or part-time course of study while in the U.S.

H-4 status is dependent on the H-1B principal’s status.  Should the H-1B status end, H-4 status also ends. Unless specifically authorized by USCIS based on a valid Employment Authorization Document (EAD), H-4 dependents cannot work in the U.S. Working without permission is a violation of status and can have severe consequences.