H-1b Spousal Visa Work Restrictions

[moot31]

Hi all,

I am coming to the US for a fellowship and hoping to get an H-1b Visa.

My spouse is coming with me, and we are very torn because it seems that he can't work.

From my understanding, the H4 visa means you can't work, unless you get an employment authorization, which can be given if the H-1b holder applied for green card, or if the H-1b holder "Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21)."

(Employment Authorization for Certain H-4 Dependent Spouses | USCIS)

I have a few questions because this is very confusing:
1. I am wondering if anyone can explain what the quoted part about 106a/b sections means.

2. For someone coming to the US for a fellowship, what is the timeline to apply for a Green card? Is it possible to apply for it as soon as you arrive for fellowship, or is this something one typically applies for once you start a staff job?

3. Assuming the H-1b holder applied for green card, what is the timeline after which the H4 holder can apply for the employment authorization and start working?

Thanks in advance for your help.

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[Laradd]

1. Sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21) provide certain employment-based immigrants with the ability to change jobs or employers without affecting their green card application.
2. The timeline to apply for a green card varies depending on the individual circumstances and the type of green card being applied for. It is possible to apply for a green card as soon as you arrive for your fellowship, but it may be more common to apply for it once you start a staff job.
3. The timeline for the H4 holder to apply for employment authorization after the H-1B holder applies for a green card can vary, but it typically takes several months to a year or more for the green card application to be processed. Once the green card application is approved, the H4 holder can apply for employment authorization and start working.

I hope this information helps, and I wish you and your spouse the best of luck with your visa and employment endeavors.