As you all know, in general, H4 Visa Holders cannot work, unless they fall under H4 Visa EAD rules. The H4 visa holders ability to work in certain conditions was possible since May 26, 2015 as this rule was passed after a lot of waiting with rule making process. Below are the conditions.
Rules for H4 visa Holder Employment on EAD ( Employment Authorization Document )
The spouse of a H1B visa holder can only work, if they fall into either of these two categories.
- Approved I-140 : H4 visa holder can work, if the spouse ( H1B holder) has an approved I-140 ( immigration petition for foreign citizens to get Green Card or Permanent Residency in America.
- H1B Status Extended Beyond 6 Years : H4 visa holder can work on EAD, if the spouse’s H1B visa status is extended beyond the 6 years under AC21 Act that allows all H1B visa holders waiting for Green Card to work and stay in America, that is beyond six years and their Green card is pending.
I tried to decrypt the terms in legal to common words. You can also read the official USCIS info on H4 EAD
It can be an important decision to make, if you are marrying a H1B holder and understand the limitations of work on H4 visa…many of the H4 visa holders go under extreme stress, once they come to know that they cannot work, if they are used to working in their home country…