The law specifically permits the spouse of an H – 1B visa beneficiary to apply for work authorization. However, in order for an H4 dependent spouse to be eligible for work authorization, the H –1B visa holder should have had the following:
The H – 1B visa holder has an approved I – 140 petition or the H – 1B visa holder has been able to extend work authorization pursuant to the AC 21 law and has the eligibility to stay in the country beyond six years.
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