At what point in process can spouse get work permit

T

texancanadian

Registered Users (C)
Hi,
I would like to know at what stage in the whole GC process can a spouse on H4 get authorization to work legally. I know it is after LC but wasnt sure on the details of the rule.
Is it 6 months or 1 yr after filing I 140 or was that I485 ? or does it matter since we can file both now.
Also at what point does one enter "safe period" where GC can still go on even if you loose your job. Is that 1 yr after I 485
If someone can confirm the actual dates when these 2 things can happen I will appreciate.
Thanks
 
After LC approval you are going to apply for I-140/485. Based on pending I-485 or along with I-485, you need to apply for I-765 to get EAD. It takes normally 90 days after submitting I-765 application.
 
Will spouse also be elig for SSN

Right now spouse's on H4 are not elig for SSN and they can only get ITIN from IRS. Will Social security issue H4 when spouse gets EAD.
Also just to clarify I 765 can be filed along with I 485, and the 3 months it takes to get EAD is the processing time for I 765 not a required time one has to wait... Correct ?
Thanks for your help
 
Yes, it's a processing time.

If you don't get EAD after 90 days, you can always go to local USCIS and request for i-EAD.
 
My husband was an H-4. Then we applied for I-140 , I-485, EAD and advance parole all at the same time. As soon as his EAD was approved he went down to SSA and filled out the paperwork. No problems. Our EAD's got approved in about 2 months. We are now in the process of renewing both AP and EAD.
 
If the spouse currently on H4, uses EAD to work. And later If something goes wrong with the GC, can she/he revert back to H4. Assuming the applicant applicant is still working on H1.

Thanks
Sh_Ad
 
Yes, but spouse needs to enter again into US on H4.

Sh_Ad said:
If the spouse currently on H4, uses EAD to work. And later If something goes wrong with the GC, can she/he revert back to H4. Assuming the applicant applicant is still working on H1.

Thanks
Sh_Ad
Click to expand...
 
Thanks usnycus.
You mean basically they would have to get the H4 visa stamped again if expired.
 
time on H1/H4

If AP is approved and we let H1/H4 expire, but later 485 is not approved..
would the time between H1/H4 expiring and 485 being denied count towards your 6 yr H1/H4 limit?
 
I don't think anyone tried it.

navdod said:
If AP is approved and we let H1/H4 expire, but later 485 is not approved..
would the time between H1/H4 expiring and 485 being denied count towards your 6 yr H1/H4 limit?
Click to expand...
 
You must log in or register to reply here.
Top