The H-1B worker’s spouse and children are entitled to H-4 nonimmigrant status.  H-4 nonimmigrants are permitted to remain in the U.S. as long as the principal remains in H-1B classification.  H-4 nonimmigrants are not permitted to work, but they may attend school.  Also, H-4 nonimmigrants, like H-1B workers, are permitted “dual intent.”  As mentioned in an earlier FAQ, dual intent is a concept that, under the immigration laws, permits some foreign nationals, including H nonimmigrants, to come to the U.S. on a nonimmigrant visa while intending to seek U.S. permanent residence.  Therefore, H-4 nonimmigrants may apply for an immigrant visa without threatening their nonimmigrant status or ability to obtain an extension of nonimmigrant H-4 status. 

 Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Smith & Garg at 562-590-7300 or call our toll-free number at 877-517-4275.  You can also submit an inquiry through our Long Beach Immigration Online Inquiry.