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EAD while on H-1B

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  • EAD while on H-1B

    Hi,

    Me and my wife both work and we have our own on H-1B visa. My wife is applying I-140 in EB1-2 category. Assuming that her I-140 get approved

    1. Can she apply for EAD and AP for me? Me having on H-1B creates any problem?

    2. When can I apply for I-130? Do I need to wait till her I-485 gets processed?

    Any answers will be highly appreciated. Thanks.

  • #2
    1. Read https://www.immihelp.com/maintaining...ent-of-status/

    2. No. She needs to get green card first and then she can file I-130. It will be around 3 years after that.
    Immihelp Support
    No legal advice. Use at your own risk.

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