Should H-4 Visa Holders Be Allowed to Work?

H-4 visa doesn’t allow dependents to work

The Metro had an interesting article today about the H1-B visa and it’s dependant accompanying visa, the “dreaded” H-4.

The article discusses the difficulties of Samvita Padukone,  a pregnant H-4 visa holder, and her husband Sanjay Mavinkurve, an H1-B visa holder and Google engineer.

They are currently residing part time in Canada, attempting to fight the law which does not allow the dependants of H1-B visa holders to gain employment in the United States. Sanjay feels he does not have the right to ask his wife to stay at home while he works because of a rule they find unfair. The US only grants a limited amount of H1-B visas and have recently reduced the amount further and added constraints on companies who wish to employ foreign professionals as opposed to American workers.

At the moment they are awaiting the approval of their green card so that Sanjay may return to work in the United States, but the longer the wait, the more inclined they are to stay in Toronto, says the couple.

Should H-4 visa holders be allowed to work?

Should dependants of H1-B visa holders be allowed to work? Should there be limitations on the employment they may gain?

To insure you’re aware of all of your rights and the laws related to the visa you wish to gain, it is important to speak with an experienced lawyer on the matter. It may save you thousands of dollars and years of your time.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: H-4 Visa holders sanjay mavinkurve /visa/canada

About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

No comments yet.

Leave a Reply