Guide to Completing Form I-539 for H-4 Status Extension or Change of Status

Yesterday a reader asked how to fill out Form I-539 for an H-4 extension. The best approach is to have the company's attorney handle it and file the H-4 extension together with the H-1B extension. If you need to prepare it yourself, you can refer to the following guide; it is translated from Stanford University's International Center instructions with minor modifications, for information exchange only, and is not legal advice!

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U.S. Citizenship and Immigration Services (CIS) Form I-539 is used by nonimmigrants seeking a change of status or an extension of stay in the same status. The following guide is intended to assist family members of Stanford University employees with H status. These guidelines do not constitute legal advice.

• These guidelines do not apply to visitors or individuals in other categories applying for an extension or change of status, nor to F-1 students seeking reinstatement.

• H-1 employees do not use this form to extend or change status.

• The form must be completed from the perspective of the dependent (e.g., spouse or child); the H-1 employee does not enter their own information on Form I-539 and does not sign it; the H-4 dependent must sign the application because it is their individual application.

• Only one dependent needs to complete Form I-539; other dependents (e.g., children of the primary dependent) must complete, sign, and submit Form I-539A together with the main I-539 form.

• Any assistance provided to the applicant must be indicated: if translation assistance was provided, the "Interpreter Section" in Part 7 must be completed. If someone else (even the H-1 holder or a parent) prepared the form for the applicant, that information must be noted in Part 8.

U.S. Citizenship and Immigration Services (USCIS) periodically updates its forms, including Form I-539. Be sure to use the latest version. CIS will reject applications submitted on outdated versions of the form. You can find the latest version on the I-539 page.

As of January 18, 2025, USCIS will no longer bundle (i.e., process together) the I-539 form (application to change or extend nonimmigrant status) for H-4 spouses and their minor children with the related I-765 form (employment authorization application) for the H-4 spouse. In other words, H-4 status and the EAD work permit will be processed separately. As a result, situations may arise where H-4 status has been approved but the EAD work permit is delayed.

Below is the I-539 form guide organized by part and item number. "You" refers to the dependent, not the employee.

Part 1

1.a. Family Name: Enter your family name as it appears on the supporting document (the dependent's passport).

1.b. Given Name: Enter your given name as it appears on the supporting document (passport).

1.c. If you do not have a middle name, you may leave this field blank. (If you enter "None," "Not Applicable," or "N/A," it may be recorded as your middle name in receipts and other documents.)

• Alien Registration Number: Most nonimmigrants do not have an Alien Registration Number; it is mainly used by those who have applied for permanent residence. If you have an A number for some reason, enter it here.

• USCIS Online Account Number: If you have a USCIS online account number, enter it here. If you have a USCIS online account number, you should consider filing the form electronically (if eligible). You can check your eligibility for online filing of Form I-539 by visiting the USCIS eligibility webpage. Please note that you can file Form I-539 online only if you are applying solely for yourself and have no co-applicants (no Form I-539A).

Mailing Address Section

4.a. In Care Of Name: A person temporarily living at someone else's residence may indicate the owner of that address in this section. Note that mail from government agencies (such as USCIS) will not be forwarded by the U.S. Postal Service, and it can be very difficult to locate correspondence from such agencies once it has been returned by the Postal Service. It is strongly recommended that you use an address where you can receive mail during the expected processing time.

4.b. Enter the street number and street name here.

4.c. If the residence is an apartment, or can be specified by a suite or floor number, enter that information here.

4.d. Enter the official name of the city or town where the street is located here.

4.e. The state name can be found in the drop-down menu here. California is "CA".

4.f. Enter the ZIP code here. If unsure, the USPS ZIP code lookup link can help you determine the ZIP code for the address.

Physical Address Section

This section is for your physical address in the United States. If you live at the same address where you receive mail, items 5.a. through 5.e. should contain the same details as item 4. There is no indication that this section should be left blank when it is the same as the mailing address, so even though it may be repetitive, you should still complete this section. If your mailing address and physical address differ, enter the information in the relevant sections.

Other Information About You

• Country of Birth: Enter the country where you were born, using the name by which the country is currently known.

• Country of Citizenship or Nationality: Enter only one country corresponding to the passport ID information you provided on the form.

• Date of Birth: Note to enter this date information in U.S. format (month/day/year).

• U.S. Social Security Number: If you have one, enter it here.

• Date of Last Arrival in the United States: Note to enter this date information in U.S. format (month/day/year). If unsure, you can obtain your most recent I-94 from the CBP website. The I-94 record will show your date of last arrival.

• I-94 Arrival-Departure Number: You can obtain your most recent I-94 from the CBP website.

Note: Items 12-16 refer to the immigration status information valid at the time of your last entry. Later sections of the form will ask for current information.

• Passport Number: Enter the passport number you used for your most recent entry into the United States. If you have renewed your passport since your last entry, there will be an item later on the form to record that information.

• Travel Document Number: If you do not have a passport but have been issued a travel document, enter the number here.

14.a. Country of Passport: List the country that issued the passport or travel document.

14.b. Expiration Date: Find the expiration date of the passport or document and enter it here.

15.a. Current Nonimmigrant Status: Write down the status you currently hold, such as H-4, J-2, F-2, etc.

15.b. Date of Expiration: Enter the date (month/day/year) on which your current status will expire. If you hold J-2 or F-2 status, enter N/A here and follow the instructions for question 16.

• D/S Box: If you are J-2 or F-2, your "expiration date" should be D/S; check your I-94 to confirm. Checking this box indicates you were granted D/S.

Part 2: Type of Application

• Reinstatement: Not applicable to these guidelines. If you are a student needing reinstatement, please consult your student advising team.

• Extension: Check this box if you want to extend your stay to match that of your spouse or parent.

3.a. Change of Status: Check this box if you want to change your status to the same status as your spouse or parent.

3.b. New Status Effective Date: If you selected 3.a., enter the date you want the new status to take effect. You need to obtain this information from your spouse or parent. Do not guess! Typically, this date should match the requested start date of the H-1 application.

3.c. Requested Change: If you selected 3.a., enter the new visa status you are requesting, such as H-4. If you checked item 2 to indicate you are seeking an extension in the same status, do not complete this field.

• Applicant Only: Check this box if no other dependents are seeking the same benefit (i.e., change to H-4 or extension of stay).

5.a. Check this box if you have other dependents seeking the same benefit, i.e., change to H-4 or extension of stay in the same status.

5.b. Total Number: Enter the total number of people seeking an extension or change of status, including yourself. (As indicated on the form, each additional dependent requires a separate Form I-539A.) Do not count the principal applicant (H-1).

Part 3: Processing Information

• Extension of Status to Requested Date: Again, you need to ensure this information matches the date on your spouse's application (month/day/year). This date should match the requested end date on the H-1 application. Do not guess!

2.a. Is the application based on an approved extension or change? If Form I-539 is filed together with the H-1 status application, you should answer "No." If this application is filed after the spouse's application has been approved, answer "Yes." The latter situation sometimes arises when a person gives up their own H-1 status, for example, to become an H-4 dependent of their spouse.

2.b. If you answered "Yes" to 2.a., enter the receipt number (WAC, EAC, SRN, or LIN number) in the box provided.

3.a If the I-539 is intended to be filed together with an H-1 application submitted for a spouse or parent, indicate "Yes, filed with this I-539." If the H-1 application has already been sent, mark "Yes, previously submitted and awaiting processing by U.S. Citizenship and Immigration Services." An I-539 filed outside the context of an H-1 application requires answering "No."

3.b. If you answered "Yes, previously submitted and awaiting processing by U.S. Citizenship and Immigration Services (USCIS)" to 3.a., enter the receipt number (WAC, EAC, SRN, or LIN number) of the spouse's or parent's extension or change of status application.

• If you answered "Yes, previously submitted and pending with USCIS" to 3.a., enter the name of the petitioner (e.g., Stanford University) and the first and last name of the H-1 spouse (e.g., "Stanford University/First Name Last Name").

• If you answered "Yes, previously submitted and pending with USCIS" to 3.a., enter the date the application was submitted. If unsure, this date is listed on the receipt notice in the box titled "Received Date."

Part 4: Additional Information

USCIS recognizes that passports may expire and will be extended or replaced. This section is intended to collect information about a new passport; if there has been no new passport since you last entered the United States, enter N/A in fields 1.a., 1.b., and 1.c.

If you obtained a new passport since you last entered the United States, enter the new passport information in fields 1.a., 1.b., and 1.c. This information should differ from the passport information you entered on pages 1 and 2.

• Foreign Physical Address: Items 2.a through 2.f concern your address in your home country. Strictly speaking, H nonimmigrants are not required to maintain an address outside the United States. However, to reduce the likelihood of issues, it is recommended that you provide a foreign address; this can be the address of parents, friends, etc. These fields are structured for U.S.-style addresses; if your foreign address fits this format, add it here. Addresses in some countries do not fit this format well, so the following is recommended: in item 2.a, write "See Part 8." Go to Part 8 (which should begin on page 7) and use one of the "Additional Information" sections. Indicate that you are providing additional information for Part 4, Item 2 on page 2 in the box provided, and add your foreign address information on the lines below. This field is "free format" and is not bound by U.S. address conventions. Make sure to include your name information in the items labeled 1.a. through 1.c. in Part 8.

• Immigrant Visa: This question concerns you or dependents listed on an accompanying Form I-539A. It does not concern the principal applicant (H-1). It specifically asks whether you have an active immigrant visa application pending at a U.S. consulate abroad. If this is the case, you would know.

• Immigrant Petition: This question is intended to collect information about whether you have been named in an immigrant petition by some sponsor. This includes family-based or self-sponsored petitions, employer or self-sponsored petitions, petitions that have been filed and decided, or petitions that are pending. This question concerns you or dependents listed on an accompanying Form I-539A. It does not concern the principal applicant (H-1). If your H-1 spouse is a beneficiary of an I-140 or I-130 but you are not, you should answer "No" to this question.

• I-485 adjustment application: When an immigration petition is approved that allows you to apply for adjustment of status, and you have filed the actual green card application, the adjustment application is submitted with CIS. If this is the case, you would know. This question also applies to you or dependents listed on the accompanying Form I-539A. It does not apply to the principal applicant (H-1).

Items 6 through 11 must be answered for you and for each family member listed on the accompanying Form I-539A. If you answer "Yes" to any of these questions, you must provide an explanation in Part 8.

• Violating your current status: For dependent categories, the most obvious violation is unauthorized work, because most people in these categories do not have the opportunity to apply for work authorization. (However, J-2 and some H-4 dependents can apply.) There are other ways to violate status, mainly related to overstaying. If you have doubts about whether you have violated your current status in some way, you should seek advice from an attorney.

• Removal proceedings: If you are currently in removal proceedings, you would definitely know.

• Employment: List any employment by you or any dependent listed on the accompanying Form I-539A since you were last admitted to the United States or granted an extension or change of status.

If you are not employed and you answered "No," go to Part 8 on page 7 and refer to Part 4, Item 14 on page 3; you need to explain how you are supported while in the United States. You may write something like: "The persons on this form are supported by the principal applicant (name of the H-1 holder), who is the beneficiary of a related petition filed on his/her behalf by Stanford University, with an annual salary of $___."

If you have worked (J-2 dependents are eligible for work authorization, so you may have employment periods to list, or you may hold H-4 work authorization), you are required to go to Part 8 on page 7 and, referring to Part 4, Item 14 on page 3, explain by providing your name, how you obtained work authorization, the name and address of your employer, and how much you are paid per week. A copy of the EAD (front and back) issued to you should be submitted with the application.

• Exchange visitor history: If you or any dependent listed on the accompanying Form I-539A have ever held J-1 or J-2 status, mark "yes" and go to Part 8 (on page 7), referring to Part 4, Item 15 on page 3, to provide the dates you were in that status. Note: If you are subject to the 212(e) "two-year home residency requirement," you cannot change status in the United States.

Part 5: Applicant's Statement, Contact Information, Declaration, Certification, and Signature

As the person seeking a change of status or extension of stay, you are the applicant. Refer to the applicant's statement section and answer the questions. Do not forget to sign and date the form.

If you received help translating the form, you need to have the translator complete Part 7.

If someone else prepared the form for you, even a spouse or parent, that person needs to complete Part 7 and sign as the preparer.

Submission Considerations

Submit Form I-539 together with all supporting documents (for example, marriage certificate, birth certificate, I-94, copy of EAD if any, etc.) and documents proving that your spouse is in valid H-1 status (copy of spouse's I-797, I-94, copy of passport biographical page, copy of current entry visa page, pay stubs for the last three months) to your spouse's or parent's department, which will then deliver them along with the application materials to the Bechtel International Center.

Please note the payment information in the CIS instructions; checks must meet USCIS requirements; see the USCIS fees webpage. Make checks payable to "US Department of Homeland Security." Filing fees occasionally change, so check the current fee before submitting your application. If you submit the wrong fee, the application will be rejected.

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If you are very familiar with the U.S. immigration system, the H-4 application itself is not difficult, because it is mainly based on the H-1B application; as long as the H-1B is fine, the H-4 generally will be too. However, if you are not familiar with the U.S. immigration system, cannot understand or are unsure about much of the information on Form I-539, or have issues with your own immigration status (such as a status gap or a history of unauthorized employment), then you should spend the money to have an attorney assist you—the information we provide online is for knowledge exchange only and cannot serve as legal advice. If you need assistance from an immigration attorney, you may consider our client, New Weiming Immigration Law Firm; our website has a detailed introduction and contact information here.