Going to the US for fellowship - J1 vs. H-1b spousal visa work restrictions

[moot31]

Hi everyone,

I am going to the US for a fellowship. I have the option of getting an H-1b or J1 visa, and I would like to stay in the US long term so I wanted to go with H-1b.

However my spouse is coming with me, and he needs to be able to work.

I have been told that H-1b's spousal visa (H4) does not allow work unless the H-1b holder is applying for green card, which can take years, meaning the H4 spouse can't work for a number of years.

Does anyone have any experience in this?

Is there absolutely no way an H4 visa holder can work in the US (even remotely with a job in Canada)? I imagine applying for green card is something that you can't do during fellowship itself.

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[shadowblade]

He should get his own work visa e.g. his own H1B and you should get a H1B for yourself.

You are correct. A H1B filed as a I-129 cannot get an EAD for their H4 dependents. Meaning he cannot work.

Please realize, that even if you get a J1 and he gets a J2. He will have to wait until he gets an EAD to work, which can take months.

Additionally, then you are both subject to the two year home country requirement. And will need a J1 waiver job.

It is also completely illegal for him to work remotely in the US. He will need to fly back to Canada to work.

There is a price to pay if you want to do a fellowship in the US, and that is dealing with complex immigration matters. It is much easier to immigrate post fellowship.

The employer can file I-129 and I-140 simultaneously (once you take an attending job). Meaning your husband only need wait 6 months or so to work.