How can a dependent of a H1-B visa holder be allowed to work

[alok6008]

Hi,

My employer has initiated my H1-B (Non Subject to CAP) visa request. I'm hoping to hold H1-B visa sooner. I want my wife to accompany me and work there.

My query here is:
1. Can a H4(dependent) visa holder be allowed to work? I've heard that family members must obtain permission from USCIS through approval for change of status to a nonimmigrant category permitting employement.
2. Does it mean converting VISA from H4 to H1B?
3. How feasible is this and what is the requirements for converting it?

Thanks in advance

[raghvi]

Hi,

My employer has initiated my H1-B (Non Subject to CAP) visa request. I'm hoping to hold H1-B visa sooner. I want my wife to accompany me and work there.

My query here is:
1. Can a H4(dependent) visa holder be allowed to work? I've heard that family members must obtain permission from USCIS through approval for change of status to a nonimmigrant category permitting employement.
2. Does it mean converting VISA from H4 to H1B?
3. How feasible is this and what is the requirements for converting it?

Thanks in advance

Legally speaking H4 are not allowed to work they can at most do passive investments.

The way to work would be to get own H1 through a sponsor or to file GC and get EAD (which can take many years depending upon the category).

Te requirements for own H1 is similar to the requirements fo the primary H1. Have an employer file H1 under new Cap and if approved start working.

This is my opinion not legal advice.