H1B to Green Card: When Can Spouse Get Working Permit? (America, process)
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I'm just starting my green card process and was wondering when my spouse will be able to obtain a SSN in order to obtain gainful employment (she is currently on a H4 Visa).
I know the H1B to Green Card process consists of 3 stages:
1) Labor Certificate
2) I-140: Immigrant Petition for Alien Worker
3) I-485: Application to Register Permanent Residence or Adjust Status
I know that stages 2 and 3 can be done concurrently, however I have been given conflicting information on when my wife would be able to obtain her work permit/SSN.
Some have said that she can apply for a work permit concurrently with my I-485 application. Others say we need to wait until all the stages are complete and only then can she apply for a SSN.
My issue is that the I-140 and I-485 stages may take a year or more, so having my wife being able to work while those stages are going on would be highly financially advantageous for us (and will keep her sane instead of staying at home most of the time).
Any clarification is appreciated, especially from those that have gone through the process already.
On Step 3. You file for EAD (employment authorization) and AP (advanced parole, to leave country and come back freely) along with the I-485.
Following up on what you said @trying harder, if the dependent's spouse gets an employer to sponsor her h1b, either a cap-exempt or a non-cap exempt, what would happen when her spouse applies for the GC? Since they are already married, can he apply for his and her GC together, while she is under an h1b visa? How would the process be later when the status changes from h1b to GC holder?
Thank you in advance for any comments that you may have to answer my questions!
Following up on what you said @trying harder, if the dependent's spouse gets an employer to sponsor her h1b, either a cap-exempt or a non-cap exempt, what would happen when her spouse applies for the GC? Since they are already married, can he apply for his and her GC together, while she is under an h1b visa? How would the process be later when the status changes from h1b to GC holder?
Thank you in advance for any comments that you may have to answer my questions!
The dependant will get his/her own GC along with the original filer (provided she was put in all the I-485 papers). He/She would then tell her employer to switch the I-9 document from the H1B's I94 to the GC.
Following up on what you said @trying harder, if the dependent's spouse gets an employer to sponsor her h1b, either a cap-exempt or a non-cap exempt, what would happen when her spouse applies for the GC? Since they are already married, can he apply for his and her GC together, while she is under an h1b visa? How would the process be later when the status changes from h1b to GC holder?
Thank you in advance for any comments that you may have to answer my questions!
Yes, she just submits her adjustment of status (or immigrant visa application, if going through the consulate) along with his, and get the GC as his dependent. She can keep her H-1B while the application is pending, or get a work authorization if it's an adjustment of status. The advantage of keeping the H-1B is that, if something goes wrong with the GC application, she has the H to fall back on.
Hi, I will complete my 6 years of stay in US with no GC filed. My spouse's company is ready to file his GC in EB2. What are the options I have to earn legally in US without stepping away from here? - Like work for non-profit and then they file GC, study etc..
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Thanks
