As I said on my last thread, I am just beginning to look into immigration to the states. My only chance is the work route. I have just read on the wiki that if I am given a HIB visa my wife will receive a H4 visa and not be allowed to work.

How long would I have to stay in the states until she would be allowed to work.

regards
Edward

As long as it takes until you can file AOS towards a green card. Once the AOS is filed, she can apply for an EAD.

Rene

Do a search here for 'H4' and you will find plenty of information (and tales of woe)....... It's not known as the Devil's Visa for nothing...

She will *never* be allowed to work as long as you have an H-1B and do not file to adjust your status.

Ian

Thanks again for the replies, what is AOS and EOD

regards
Edward

AOS, EAD - feel free to Google those terms in combination with "immigration". You'll be amazed what a bit of research will yield.

Ian

AOS is shorthand for Adjustment of Status to Permanent Resident. It is the application for a Green Card. As an H-1B, you may not necessarily have this offered to you, and perhaps not immediately.

EAD = Employment Authorization Document aka 'work permit'. Only certain classes of folk may apply for them; AOS applicants are a class of people who can apply for them. This document tides the applicant over until a decision is made on the AOS and they gain PR/Permanent Resident status.

There are no short answers.

May I just add that even if AOS is 'offered immediately', it can still take many years before an H1b can even apply for AOS (and the spouse can thus apply for the EAD).

Factors that determine this relate to the classification of the H1b (EB1, EB2, EB3), need for Labor Certification, availability of visa numbers and visa retrogression.

Suggestion to the OP: allocate at least a day to research all the above. Immigration Portal is a site where a lot of information about H1b can be found and where a lot of H1bs and would-be H1bs hang out.

We've been here 5 years and I am still unable to work. Its not like I am a farmers wife I have a 2:1 from a very good UK Uni. OH on the H1B and I'm a H4. America is not all its cracked up to be - its not an episode of friends so think twice. The place sucks and if your partner cant work then its going to be tough. The grass is not always greener. Plus they also believe that NASCAR and baseball are the most watched / popluar games in the world?? WTF? Fools. Stay put sweetie you dont know how good you've got it until its gone.

i dnt understand why H4 dependents are not allowed to work, when the dependents of L1,E3,J1 etc are given work authorization...

Because it is a visa for TEMPORARY workers to come to the US and be used by their US employer; bringing the spouse is to keep everyone calm and comfortable for their TEMPORARY assignment in the US. The H was not designed for people to immigrate with.

My parents lived apart for a couple of years while my dad worked out of town. That's another option.

then L2 visa is also granted for temporary assignment. The only difference being it is for company transfer. E3 is also a temporary non immigrant visa which is very similar to H1. Then why are dependents of these visa given work authorization? They also have the option of staying back! Why is this discrimination shown only to dependents of certain visa type! Either it should be for none. or everyone should be treated alike!

L1 VISA is dual intent - ie they acknowledge before you even apply that there is possible intent to emigrate.

H1B visa is also dual intent visa!

As is H1b.

The chief purpose of the H1b is to breach the time it takes to process the pre-AOS paperwork.