US Citizen applying for his wife's Green Card

S

sun_77

Registered Users (C)
Hi,

I got my US Citizenship recently. My wife is on H-1. I would
like to file for her GC in family Category.

Is it a must to file I-765 (EAD) with the 485, 130 and other
applications ?

or

Can she work on her existing H-1 till her GC gets approved ?

Thanks
Sun
 
nope...

...765 (work permit) and 131 (advance parole) are both optional. Since, in your case, the spouse has an H1 status...EAD is not required unless he/she is changing jobs or is going to get laid off (hopefully not) OR if the spouse wants to start working part-time somewhere else besides the current job.
H1 stays valid even after applying for AOS (after filing 485) since it's dual intent.
Save the $180 (or 170)...for your shopping :)
 
Cool. Thanks. I will avoid filing both I-765 and I-131 at this time.

Do you know how long does it take for my wife to get Green
Card ?

Surya
 
depends on the service center...

....you are in the bay area....I have seen a couple posts showing 4-8 month timeline. If you don't get caught up in name check...you should be in that timeline. I just filed my wife's app today..will keep you posted. you do the same.
 
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