Pierre

Hi,

I just read in the newspaper that the House of Representatives recently approved
legislation alowing spouses of L1 and E1 and E2 workers to apply for work permits.

1) I just got my H1B and am wondering if the same thing doesn't apply for H4 spouses.

2) If this is not the case, is there any other way (besides GC and H1B) to get a work
permit for my wife?

3) If I applied for a GC today, how long would it approxilately take before my wife
can get a work permit.

Thanks for your feedback

Pierre

C . Matthew Schulz

Pierre wrote:

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Pierre:

This legislation has not yet passed the Senate and there is no clear indication
if or when it will. As you correctly note, the House legislation does not benefit
H4 spouses.

The most common solution is the one you already identified: you immigrate to the US
through your employer's sponsorship and your family immigrates with you as
derivative beneficiaries. Note that if you elect to file the form I-485 to adjust
status in the US (versus OF-230 consular processing abroad at an American consular
post), then your spouse will be eligible at the same time to apply for an employment
authorization document using form II-765. Granted, this can be done only towards the
end of the immigration process, but still a good 6++ months before permanent
resident status is granted.

Otherwise I have seen spouses secure permission to work in the US by changing from
the H4 to a different visa status, such as their own H1B, F1 (students get limited
employment authorization to work on campus 20 hours or less per week automatically),
J1 (be sure to predetermine that the home residence requirement will not apply), etc.

You can find articles about these visas and their requirements at www.schulzlaw.com.
I hope this information helps.
--
C. Matthew Schulz, Attorney at Law [email protected] Baker & McKenzie Two
Embarcadero Center, San Francisco, CA 94111 T 415.984.3809 F 415.576.3099 660
Hansen Way, Palo Alto, CA 94304 T 650.856.5528 F 650.856.9299 www.schulzlaw.com

Visa Bud

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I have heard of instances where employers hire a H-4 visa holder and pay him/her
via the company's expense account instead of the regular payroll account. [To
avoid detection by the tax authorities?] It is probably not legal, but I am not
an attorney.

There are many loopholes in the system, and some people slip between the cracks
created by the INS and the IRS.

Chris

C. Matthew Schulz <[email protected]>
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Anybody knows what the chances are that this will pass and how long could it take?

Chris