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.
Starting from May 26, 2015. Citizenship and Immigration Service will reject applications filed before this date.
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
Please contact Houston Immigration Attorney, Annie Banerjee for more details
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