H4 to EAD for my wife- me on H1

[anilappukuttan250]

Hi,

I am currently on 4rth year on H1b Visa in US and my Wife is on H4. Current H1 hold good till 2013.My Company has agreed to file for My GC.

Please let me know , if She will be able to apply for EAD along with MY GC application.

Also is there anything , i need to make sure that she becomes eligible to apply for EAD at earliest. Does it differ based on Category (Eb1,2,3).


Thanks,
Anil

[sivanju]

Hi,

I am currently on 4rth year on H1b Visa in US and my Wife is on H4. Current H1 hold good till 2013.My Company has agreed to file for My GC.

Please let me know , if She will be able to apply for EAD along with MY GC application.

Also is there anything , i need to make sure that she becomes eligible to apply for EAD at earliest. Does it differ based on Category (Eb1,2,3).


Thanks,
Anil

Yes, of course, as your dependent, she will be able to file for I-485 + EAD + Advance parole as a derivative (of your application).

[kabkaba]

If you were born in India, priority dates corresponding to India will apply to you. I-485 and EAD can only be filed if priority dates are current. In case of India only EB1 dates are current. So if your job qualifies as EB1 you and your wife will be able to file 485 and EAD. If EB2 or EB3 you will have to wait until dates become current.