Work authorization for family based GC

jeen71

New Member
I'm working in US on H1B. My father-in-law is expecting his citizenship papers next year. If he files for immigration for my wife and me, do we get work authorization immediately?
 
No. Your wife and you come under Family third preference category which has annual quotas. Your visa number needs to become current before you can file for I-485 and concurrently file for EAD (work authorization). F3 category is currently backlogged to June 1997 or worse.

Only immediate relatives of US citizens (those who are not subject to quotas, e.g. spouse, children or parents of US citizens) are not subject to annual quotas and they can therefore file for visa petition as well as adjustment of status and work authorization at the same time.
 
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