Can we apply for EAD

[rjo1]

I am GC holder and my wife is on H1B. Her actual H1B visa in her passport is expired, but we have the new I-797 and I-94 valid till 2008. We are avoiding going for new H1B stamping.

I have filed her I-130 with CSC.

I need to confirm something:
We are expecting the I-130 approval by Dec 06, after which I will file for her I-485.

Can I apply for her EAD with the I-485. That way she can leave her H1B employer and work elsewhere, or not work at all.

1). Is the above possible - can she get EAD after I-130 approval and I-485 pending.
2). How long to get EAD card after filing for it with the I-485.
3). Can she get Advance Parole to travel after the EAD - how long to get AP in SFO.

Thanks a lot.
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[TheRealCanadian]

We are expecting the I-130 approval by Dec 06, after which I will file for her I-485.

Is her priority date current? Do you expect it will be by 12/06? if it is not current she cannot file an I-485, hence no EAD.

That way she can leave her H1B employer and work elsewhere, or not work at all.

She does not require employment authorization in order to be unemployed. She does, however, require a filed I-485.

 

[rjo1]

In other words:

After I-130 approval (whenever that comes) - if GC holder is filing I-485 for H1B Spouse, can she get EAD and leave her H1B employer or change employer on receipt of EAD card?

Then can she get Travel Document / AP to travel.

Our objective is, that she quit her H1B job and be able to stay in the US and travel to India AFTER (I-130 approval, I-485 Application is pending and EAD card in hand). Is this possible??

Thanks again.
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