I have EAD/AP before marriage,. My wife has H4.. can she apply for EAD ?

S

sd28

New Member
I have EAD/AP and I140 approved and my I485 is applied currently pending . I got married last month, My wife got H4 VISA, can she apply EAD immediately when she come to USA. Is there any requirement like priority date should current to apply her for EAD..

Can somebody answer these for me please?
 
sd28 said:
I have EAD/AP and I140 approved and my I485 is applied currently pending . I got married last month, My wife got H4 VISA,
can she apply EAD immediately when she come to USA.
----------------NO
Is there any requirement like priority date should current to apply her for EAD..

Can somebody answer these for me please?
Click to expand...

if your PD is current then she need to file her derivative I-485 and she can also file for EAD AP. EAD is based on pending I-485. she can file for EAD if her I-485 is filed.
 
Her I 485 is not filed yet.. she has got H4. She want to get EAD so that can work ! please kindly let me know if without my PD is current can she apply for EAD.

In this scenario.. What are the other options to start her job here
 
No...she cannot!

What is your Priority Date and category ?. If your PD is current, then only you can apply I-485 and EAD for your wife. You could file H1 for her in April 09.

sd28 said:
Her I 485 is not filed yet.. she has got H4. She want to get EAD so that can work ! please kindly let me know if without my PD is current can she apply for EAD.

In this scenario.. What are the other options to start her job here
Click to expand...
 
sd28 said:
Her I 485 is not filed yet.. she has got H4.
She want to get EAD so that can work !
--------many are on H4 and cant work
please kindly let me know if without my PD is current can she apply for EAD.
---------------------------when your PD is current then she file her I-485 and EAD.
In this scenario.. What are the other options to start her job here
Click to expand...
----------------
 
satgym73 said:
What is your Priority Date and category ?. If your PD is current, then only you can apply I-485 and EAD for your wife.

You could file H1 for her in April 09
------------------only if she finds US employer who can file H1 for her and if she is qualified for H1 and her H1 is approved.

.
Click to expand...

-------------
 
sd28 said:
I have EAD/AP and I140 approved and my I485 is applied currently pending . I got married last month, My wife got H4 VISA, can she apply EAD immediately when she come to USA. Is there any requirement like priority date should current to apply her for EAD..

Can somebody answer these for me please?
Click to expand...

EAD is for those with pending I-485.
H4 buy itself is not eligible for EAD (whatever the situation of the H1 holder; if he has pending I-485 or not, has EAD or not, have GC or not, this does not matter).
For here to apply for I-485, priority date should be current at the time of application.
 
You must log in or register to reply here.
Top