1) Who Is Eligible for H-4 Status?

H-4 is the dependent classification for certain family members of an H-1B worker. In most cases, the eligible dependents are:

• Spouse of the H-1B principal worker; and
• Unmarried children under 21 of the H-1B principal worker.

Eligibility is not just “family relationship”—you generally also need to show that the H-1B principal is maintaining status (or is being granted an extension/change)
and that the dependent is eligible to follow/extend accordingly.

2) How to Obtain H-4: Inside the U.S. vs. Consular Processing

A) Inside the U.S. (Change of Status or Extension)

If you are in the United States in another valid nonimmigrant status (or already in H-4), you typically request H-4 by filing Form I-539
(and for additional family members, Form I-539A). Many families file the H-1B extension and the H-4 extension/change together to keep timelines aligned.

B) Outside the U.S. (Visa Stamp + Entry)

If you are abroad, you typically apply for an H-4 visa at a U.S. embassy/consulate using the DS-160 process, then enter the U.S. as H-4.
Your admission end date is controlled by the I-94 you receive on entry, which should be consistent with the H-1B principal’s authorized stay.

3) Extensions, I-94 Alignment, and Travel (Common Pitfalls)

In practice, the most common H-4 problems are not “eligibility” problems—they are timing and I-94 alignment problems.
H-4 validity is usually tied to the H-1B principal’s authorized stay, so mismatches can create gaps.

• I-94 end date controls: For many purposes, the I-94 expiration date (not the visa stamp) is what matters inside the U.S.
• Travel during a pending I-539: Departing the U.S. while an H-4 change/extension is pending can create complications. Plan travel around filings when possible.
• Staggered approvals: When H-1B and H-4 are filed together, one can be approved before the other. Your strategy should anticipate that possibility.
• Children approaching 21: If a child is close to turning 21, you should flag it early and build a plan (for example, F-1 or another option) rather than “hope it works out.”

4) Can an H-4 Spouse Work? Understanding the H-4 EAD

H-4 status by itself does not authorize employment. However, some H-4 spouses may qualify to apply for an Employment Authorization Document (EAD)
if the H-1B principal spouse is far enough along in the employment-based green card process.

Who typically qualifies?

• Approved I-140: The H-1B principal is the beneficiary of an approved Form I-140 immigrant petition; or
• AC21 extensions beyond 6 years: The H-1B principal has been granted H-1B extensions beyond the normal 6-year limit under AC21
  (often tied to a PERM or I-140 that has been pending 365+ days).

The EAD application is typically filed on Form I-765 in the H-4 spouse category (commonly referenced as (c)(26)).
If approved, the authorization is generally not employer-specific (meaning it is not restricted to one employer), but timing and status maintenance are critical.
For official form instructions, see USCIS:
Form I-765.

Timing and “status alignment” (what commonly goes wrong)

In practice, the biggest H-4 EAD issues are not “eligibility” issues — they are timing and I-94 alignment issues.
Many families file the H-1B extension and the H-4 extension/change together to keep timelines aligned. If you are extending or changing H-4 status inside the U.S.,
that is typically done on Form I-539. USCIS reference:
Form I-539.

• Staggered approvals: One approval (H-1B or H-4) may arrive before the other. Your strategy should anticipate that possibility and avoid gaps.
• Travel while a change/extension is pending: International travel can complicate a pending H-4 change/extension and may push you into consular processing.
  (Plan travel around filings when possible.)
• Employer changes / new H-1B filings: If the H-1B principal changes employers, the paperwork trail can become more complex. Keep the family’s status documents organized
  and watch timing carefully.

Related guides (if your case overlaps)

• Employment-based context (I-140, green card process):
  Employment-Based Green Cards
  and
  EB-2 NIW.
• If you are transitioning from H-1B into a marriage-based case:
  H-1B to Marriage Green Card.
• If your question is really about work authorization while a green card case is pending:
  Work While AOS Pending.

General information only, not legal advice. EAD eligibility can turn on case-specific facts and timing.

5) Practical Document Checklist (Most Common Items)

• Passport biographic page(s) and current immigration documents for the H-4 applicant(s)
• Marriage certificate (for spouse) and birth certificate(s) (for children)
• H-1B principal’s approval notice(s) and evidence of current status
• Most recent I-94 records for the H-1B principal and H-4 dependents
• If applying for H-4 EAD: evidence showing the I-140 approval or AC21 extension basis

This list is intentionally general. The “right” evidence depends on whether you are extending inside the U.S., changing status, or applying abroad for a visa stamp.