H4 EAD: Work Rights or Loopholes?
International students frequently get more anxious about job offers and visa statuses as graduation draws near. One student is wondering if they may work under an H4 Visa if their spouse's H1N is chosen and granted in the event that they do not find employment in time. The quick answer is "yes," but there are requirements. An H4 visa permits the spouse of an H1B visa holder to remain in the united states and can be applied for. Work authorization (H4 EAD), however, is not granted automatically.
The H1B holder must either have an accepted I-140 (a requirement of the green card application process) or be in an extended H1B status as per the AC21 regulation in order to be eligible for work authorization. If H1B holders are in the process of seeking for permanent residency, they are permitted to remain beyond the standard 6-year restriction under the AC21 regulation.
The H4 spouse may apply for the H4 EAD, which provides options to work in any industry without requiring an employment connection, if certain requirements are satisfied. For as long as the H1B visa is still in effect, this work permit may also be renewed. However, the H4 EAD would also be canceled if the H1B holder's I-140 was refused or revoked. It's crucial to keep a close eye on the status of the H1B and green card applications for anyone hoping to switch to an H4 and get work authorization.
The H1B holder must either have an accepted I-140 (a requirement of the green card application process) or be in an extended H1B status as per the AC21 regulation in order to be eligible for work authorization. If H1B holders are in the process of seeking for permanent residency, they are permitted to remain beyond the standard 6-year restriction under the AC21 regulation.
The H4 spouse may apply for the H4 EAD, which provides options to work in any industry without requiring an employment connection, if certain requirements are satisfied. For as long as the H1B visa is still in effect, this work permit may also be renewed. However, the H4 EAD would also be canceled if the H1B holder's I-140 was refused or revoked. It's crucial to keep a close eye on the status of the H1B and green card applications for anyone hoping to switch to an H4 and get work authorization.