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⇒ Student & Scholar Advising ⇒ Faculty, Staff, & Visitors ⇒ H-1B Employees ⇒ Obtaining H-4 Status or Visa Stamp

Obtaining H-4 Status or Visa Stamp

Obtaining H-4 Status

Persons who are already present in the US in another non-immigrant status other than WB, WT, C, D, J subject to 212(e), K, and S are eligible to change status to H-4 non-immigrant status as long as they have been maintaining thier legal status and are eligible for the new status.  There are two ways to change status: via form I-539, or by leaving the US and returning in the new status.  Please consult with an advisor at OIS concerning a change of status as they can determine if there are special issues concerning your specific situation.

Obtaining a H-4 Visa Stamp

Persons who are not already present in the US, or persons who must obtain a new visa stamp in order to enter the US must obtain an H-4 visa stamp from a US Consulate outside of the US.  It is no longer possible to obtain an H-4 visa stamp from inside the US.  You should have the documents listed below for the visa application:

• Original H-1B approval notice (I-797)
• Current letter from the H-1B’s department confirming employment, position title, and salary
• Photocopy of H-1B petition (Form I-129)
• Photocopy of Labor Condition Application (LCA)
• Documentation of having resided legally in the US, if applicable (e.g. previous I-20, IAP-66 or DS-2019, I-797 from other employers)
• USCIS Waiver Approval Notice, if applicable (for persons previously in J status)
• For more information on your specific US Consulate abroad, go to www.travel.state.gov of contact a member of the Scholar Services team.

When applying for a visa stamp be advised that security clearances can sometimes be required before the US Consulate will issue the visa stamp.  Security clearances, based on name, country of citizenship/birth, or field of study/research, can take 2–6 weeks to resolve.  In rare cases, they can take more than 6 weeks.  When making travel arrangements to your home country or elsewhere, please keep the possibility of these additional wait times in mind.