
Only certain H-4 spouses can work. You qualify if the H-1B worker has an approved Form I-140 or has H-1B status extended beyond six years under AC21, and the spouse files Form I-765 for an EAD.
Not every H-4 spouse is allowed to work. Eligibility is limited to spouses of H-1B workers who are on the path to permanent residence.
Specifically, the H-1B principal must either be the beneficiary of an approved Form I-140 immigrant petition, or have been granted H-1B status beyond the normal six years under sections 106(a) and (b) of AC21.
If the H-1B worker meets one of those conditions, the H-4 spouse may file Form I-765, Application for Employment Authorization, and may begin working only after the EAD is approved and issued.
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