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

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