H1B to Green Card: When Can Spouse Get Working Permit?

[Collective]

Originally Posted by T-310

She can work when she gets her green card.

Yes, but she can apply for an EAD before that.

[steffirfernandes]

Originally Posted by mricu

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.

Hi,

i just wanted to follow up with your question here. well, its been 5 years since you posted this question. i am in your shoes now and wanted to know the answers for the same questions you had? so i think by now you must have got your GC. congratulations on that. Please let me know when was your wife able to work and how long did it take?

Thank you

[steffirfernandes]

Originally Posted by vinodkatkuri

Hi,
I am filing my GC and my wife is on H4 Visa. We know it is a long process and years of waiting before we get our GC.

Let's say while my GC is in progress,
1. Can my wife apply for an H1B visa? Just so she can start working? (She is doing her MS right now on H4)
2. Is there any progress on the new rule where H4 holders will be allowed to apply for EAD (With restrictions)
I am nervous at the moment as whether i will be having the patience to wait for such long time with a single job.

My application is under EB2 category.

Regards
Vinod

Hi Vinod,

Any answers for your questions. Got your GC? i am in the same boat.

[nightlysparrow]

You don't apply for an H1-B visa, only the employer does.

LPR's can apply for adjustment of status for their spouse.

H4 visa holders can now apply for EAD.

H4 visa holders can apply for EAD cards beginning May 26, 2015 - The American Bazaar