How Could H4 Holders Work Legally in the U.S.?

Though there might be a chance for a third round according to some law firms' predictions, to a large extent, the H1B visa lottery for FY 2024 is coming to an end. What does this mean to those who got selected? Of course, it means you are secured with your legal working status in the U.S. for at least the coming 6 years. What other benefit an H1B holder can get other than the right to work in the U.S.? One of the main benefits other than the right to work is that H1B holders can bring their spouses or children to the U.S.

H4 Holders’ Legal Rights 

As an H1B holder, your spouses and your children have the right to apply for an H4 visa, which grants them a series of rights in the U.S.:

Legal Residency: H4 visa holders have legal permission to reside in the U.S. while their H1B visa holder family member is employed. It's important to maintain this legal status by adhering to the terms and conditions of the H4 visa.

Study Opportunities: H4 visa holders are generally allowed to enroll in academic or vocational courses as part-time students in the U.S. They can pursue educational opportunities to enhance their skills and knowledge.

Healthcare Access: Many H4 visa holders can access healthcare services in the U.S. through employer-sponsored health insurance plans or other available options.

 Driver's License: In many states, H4 visa holders are eligible to apply for a driver's license, which allows them to legally drive in the U.S.

 Travel: H4 visa holders can travel in and out of the U.S. However, it's important to consider the timing of travel to align with their H1B family member's employment and visa status.

Employment Authorization (EAD): Under certain circumstances, H4 visa holders may qualify for Employment Authorization Documents (EAD). This allows them to legally work in the U.S., typically when their H1B family member is on the path to permanent residency (green card).

Protection from Discrimination: H4 visa holders are protected from discrimination based on their nationality or immigration status. They have the right to work and live free from harassment or bias.

Access to Legal Counsel: H4 visa holders have the right to consult with an immigration attorney or legal expert to understand their rights, options, and any changes in immigration policies.

It's important to note that while H4 visa holders have certain rights, their ability to work and other privileges can be subject to specific conditions and eligibility criteria.

 The Dilemma of Trying to Work while on an H4 Visa

Although H4 can apply for an EAD card, this is only applicable if the H1B holder has started their green card application process, to be particularly, after their I-140 has been processed. Depending on the company and individual situations, this can take from 6 months to more than 2 years after the H1B holder activated their H1B status. Meanwhile, H4 can only study as part-time students.

Frankly, this situation is far from ideal. Relying on a single income becomes nearly impossible in today's economy. Many H4 holders are equally skilled and educated individuals who are eager to contribute, not only to their immediate families but also to the broader society they reside in. However, due to the restrictions and limitations of the H4 visa, their hands are tied. If you find yourself in this situation, what options do you have?

The Path to Independence for H4 Holders

Instead of opting for illegal work practices under the radar, which could negatively impact both your and your spouse's future in the U.S., consider pursuing a Change of Status (COS). Transform your status from H4 to F1 and enroll in one of the Day 1 CPT universities as a full-time student. This will allow you to obtain a CPT work authorization, enabling you to earn income for your family legally while advancing your academic skills.

Currently, USCIS has initiated the Primary Process option for Change of Status (COS) to F1. This transition can take as little as 1 month. Rather than idling and widening the gap in your resume, you can take the initiative. Your destiny in the U.S. as a new immigrant doesn't have to be solely defined by your spouse's status. Speaking from my experience as a former H4 holder, I can attest that Day 1 CPT programs are remarkably empowering. My life no longer had to come to a halt simply due to relocating to another country.

Work Legally Before Your Spouse's I-140 is Processed

If you are one of those who are on H4 and would like to unleash your potential, try this path.  Day 1 CPT is truly the new pathway to the U.S. work field. Without proper working experience, even if you have an EAD card, it is hard to find a job these days. Enrolled in Day 1 CPT universities to get an advanced degree in the U.S. and use the resources provided by the school as well as your classmates to start doing internships. It will make job searching after graduation much easier. By then, hopefully, your spouse’s I-140 has already been processed. Then, you may change your status back to H4 and use an EAD card to continue developing your career in the U.S.

Sounds like a plan?

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