H1 to 2nd Pref Family Based Green Card

[shs00]

I am new at this, so forgive me if this has already been discussed.

Can someone please help me understand the following:

If husband and wife are both on H1s. Wife then gets GC through employer.

What are the steps and timeframe involved for husband to get employment authorization and be able to work without a visa, i.e. not have to maintain his H1 status (or any other visa category for that matter)?

Thanks.

 

[ari4u]

I am new at this, so forgive me if this has already been discussed.

Can someone please help me understand the following:

If husband and wife are both on H1s. Wife then gets GC through employer.

What are the steps and timeframe involved for husband to get employment authorization and be able to work without a visa, i.e. not have to maintain his H1 status (or any other visa category for that matter)?

Thanks.

*Wife gets GC and applies I-130 for husband
*Husband has to wait for I-130 to get approved and PD to be current before he can apply for I-485, EAD and AP. The wait is usually ~3-4 years. Till that time, the husband needs to maintain a valid status on his own as I-130 does not grant any benefits.
*If during the waiting process wife becomes a USC, she can upgrade I-130 making it eligible for husabnd to apply for I-485. If wife applied I-130 immediately after she becomes GC, then PD would become current before she becomes a USC.
*If husband had applied for GC from work and his PD becomes current and I-140 is approved, he could apply for I-485, EAD and AP. There is no problem having two GC applications at the same time. Whichever gets approved first cancels the other.

 

[shs00]

Thanks a lot. This is EXTREMELY helpful.

Could you please elaborate a bit on what you mean by "PD"?

Also, I was under the impression that, as of late, the I-485 could be filed with the I-140?

 

[ari4u]

Thanks a lot. This is EXTREMELY helpful.

Could you please elaborate a bit on what you mean by "PD"?

Also, I was under the impression that, as of late, the I-485 could be filed with the I-140?

PD = priority date.

If your employer files your GC, then the I-485 has to be submitted based on an approved I-140.

If your relative files your GC, then the I-485 has to be submitted based on an approved (incase of a LPR) or concurrently filed (In case of a USC) I-130.