You can extend your stay in the U.S. while visiting as the dependent of a temporary worker. The H-4 visa is available to spouses and unmarried children under the age of 21 who are dependents of an H-class temporary worker visa. Applicants wishing to extend their stay on an H-4 visa are eligible for an extension as long as they have not violated any U.S. laws, have not committed acts that would violate immigration policy, and have submitted the required application for extension before the Form I-94 has expired.
Fill out form I-539 for the H-class visa holder and one for each dependent. The extension for the H-4 should be applied for at the same time as the primary H-class visa. The primary visa holder is the temporary worker.
Attach the I-539 to the employers’ I-129, Petition for a Nonimmigrant Worker. If the employer has already filed the petition or does not wish to have the two attached, you may attach a copy of the filing receipt to show that the petition is in process.
Attach proof of relationship to the primary visa holder to each I-539. Depending on your relationship, this will be the marriage registration, birth certificate or adoption certificate issued by a government office. Attach a copy and maintain the original document for your records.
Enclose payment -- $290 as of publication -- for each I-539 included in the package. Payment forms include check, money order or credit card.
Mail the package to the USCIS service center with jurisdiction over the state the H-class visa holder is currently working in. Additional tracking options including delivery confirmation and return receipt are recommended to provide you proof of when the package was received by the service center. Once the service center has processed the package and entered the information into its computer, you will be mailed a I-797, Notice of Action. A second I-797 will be sent once a decision is made on the visa.