As international students near graduation, concerns about job offers and visa statuses often rise. For one student, the scenario of not landing a job in time has raised the question: Can they work under an H4 Visa if their spouse’s H1N is selected and approved?
The short answer is yes but with conditions. The spouse of an H1B visa holder can apply for an H4 vosa, which allows them to stay in the U.S. However, work authorization (H4 EAD) is not automatic.
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In order to qualify for work authorization, the H1B holder must meet one of the two criteria: either have an approved I-140 (part of the green card process) or be in an extended H1B status under the AC21 rule. The AC21 rule allows H1B holders to stay beyond the usual 6 year limit if they are in the process of applying for permanent residency.
If these conditions are met, the H4 spouse can apply for the H4 EAD, which opens up opportunities to work in any sector without the need for an employer relationship. This work permit can also be renewed as long as the H1B visa remains valid. However, if the H1B holder’s I-140 is revoked or denied, the H4 EAD would also be revoked.
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For those looking to shift to an H4 and obtain work authorization, it’s important to monitor the progress of the H1B and green card process closely.
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