H-4 Work Permit

H-4 Work Permit

1.      Who can get the work permit?

Spouses of H-1B. The H-1B individual needs to have: (1) and Approved I-140 and (2) Maintain his or her H-1B status.

The H-4 person needs to also maintain his or her H-4 status

So this is not spouses for recent arrivals who just has H-1B and has not started the Green Card (Permanent Resident Card) process yet.  Note L-2 can apply for work permit immediately upon entry into the US.

2.      When can the H-4 apply  ?

Starting from May 26, 2015.  Citizenship and Immigration Service will reject applications filed before this date.

3.      Is this a sure thing?

This is under the Executive Action which is being currently challenged in Court. So this is not 100% sure. To date Citizenship and Immigration Service has not released any new forms or regulations

4.      Documents: These would probably be the necessary documents

1.      Copy of marriage certificate (with English translation)

2.      Copy of children's birth certificate, if any

3.      Copy of H-4 approval and/or Visa page

4.      Copy of H-1B spouse’s H-1B approval

5.      Copy of H-1B spouses I-140 approval

6.      Three Recent paystubs of H-1B spouse

7.      Two passport size pictures of H-4 Employment Authorization Document applicant

Please contact Houston Immigration Attorney, Annie Banerjee for more details

Work Permit for H-4

1. Who can get the work permit?

Spouses of H-1B. The H-1B individual needs to have: (1) and Approved I-140 and (2) Maintain his or her H-1B status.

The H-4 person needs to also maintain his or her H-4 status

So this is not spouses for recent arrivals who just has H-1B and has not started the Green Card (Permanent Resident Card) process yet.  Note L-2 can apply for work permit immediately upon entry into the US.

2. When can the H-4 apply ?

Starting from May 26, 2015.  Citizenship and Immigration Service will reject applications filed before this date.

3. Is this a sure thing?

This is under the Executive Action which is being currently challenged in Court. So this is not 100% sure

For more information contact Houston Immigration Lawyer or Annie Banerjee

My hopes for Immigration in 2015

Watching Immigration reform is like watching a soccer match.  You feel like its going to happen, you get a goal, you cheer, you hold your breath, and then, the opportunity slips out from under your fingers.  So you gear up again, and repeat.  After about the sixth time, you give up.

I have been watching Immigration reform since the McCain Kennedy bill since 2007.  That bi partisan bill by Senators John McCain ( R ) and then still alive, Senator Ted Kennedy (D) was an excellent comprehensive bill, addressing both the legal and illegal immigrants.  But that bill, and subsequently most bills died in either the Senate or the House.

Obama’s Immigration Executive Action is similarly bipartisan.  I hope it is implemented.  But Immigration has become just a political power play with no basis in it.

Republicans, aside from hoping that President Obama will leave no lasting legacy, assumes that most illegal immigrants won’t vote Republicans.  The assumption is that just rich people vote Republican.  But people vote with their social ideology rather than with their fiscal ideology.  Thus Republican ideals of pro life or even anti gay marriage will resonate with religious conservatives Latinos.  Red states are not the rich ones.

Similarly Democrats assume that Business immigrants won’t vote Democrat.  But Silicon Valley is solidly Democrat, so are most PhDs, or rich entertainment personnel.  They espouse the more liberal social values.

I don’t believe that Comprehensive Immigration Reform will become a reality in 2015. But I am really hoping that Obama’s Executive Action will go through, and that Citizenship and Immigration Service will promulgate regulation to make it a reality very soon. 

Contact Houston Immigration Lawyer , Annie Banerjee for more details