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Old 04-22-2010, 09:58 PM
 
Location: SoCal
493 posts, read 1,102,210 times
Reputation: 242
Default H1B to Green Card: When Can Spouse Get Working Permit?

I'm just starting my green card process and was wondering when my spouse will be able to obtain a SSN in order to obtain gainful employment (she is currently on a H4 Visa).

I know the H1B to Green Card process consists of 3 stages:
1) Labor Certificate
2) I-140: Immigrant Petition for Alien Worker
3) I-485: Application to Register Permanent Residence or Adjust Status

I know that stages 2 and 3 can be done concurrently, however I have been given conflicting information on when my wife would be able to obtain her work permit/SSN.

Some have said that she can apply for a work permit concurrently with my I-485 application. Others say we need to wait until all the stages are complete and only then can she apply for a SSN.

My issue is that the I-140 and I-485 stages may take a year or more, so having my wife being able to work while those stages are going on would be highly financially advantageous for us (and will keep her sane instead of staying at home most of the time).

Any clarification is appreciated, especially from those that have gone through the process already.
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Old 04-23-2010, 09:40 PM
 
1,644 posts, read 2,746,277 times
Reputation: 419
Quote:
Originally Posted by mricu View Post
I'm just starting my green card process and was wondering when my spouse will be able to obtain a SSN in order to obtain gainful employment (she is currently on a H4 Visa).

I know the H1B to Green Card process consists of 3 stages:
1) Labor Certificate
2) I-140: Immigrant Petition for Alien Worker
3) I-485: Application to Register Permanent Residence or Adjust Status

I know that stages 2 and 3 can be done concurrently, however I have been given conflicting information on when my wife would be able to obtain her work permit/SSN.

Some have said that she can apply for a work permit concurrently with my I-485 application. Others say we need to wait until all the stages are complete and only then can she apply for a SSN.

My issue is that the I-140 and I-485 stages may take a year or more, so having my wife being able to work while those stages are going on would be highly financially advantageous for us (and will keep her sane instead of staying at home most of the time).

Any clarification is appreciated, especially from those that have gone through the process already.
Great question!
We are in exactly the same position, except I am the wife going crazy at home after working for 25years.
Ironically, I have an approved petition for EB3 Green card. I'm a registered nurse and was offered a job in 2007, but current wait is 6-7 years.
Once my husband got his Masters in Health research in 2008 he applied for and was offered a job and got his H1B in April last year.

I don't know the answer to the question, but I am trying to recall what an acquaintance told me about this. I am not even sure which visa we could apply for once the I485 is filed and would think we would have to wait at least until the GC is approved, if not in our hands. I believe that the attorneys will apply for spouses green card at the same time, but not 100% sure of this.

I can email our attorney and ask though.

Good Luck!!
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Old 05-25-2011, 06:54 PM
 
1 posts, read 28,114 times
Reputation: 12
Quote:
Originally Posted by susan42 View Post
Great question!
We are in exactly the same position, except I am the wife going crazy at home after working for 25years.
Ironically, I have an approved petition for EB3 Green card. I'm a registered nurse and was offered a job in 2007, but current wait is 6-7 years.
Once my husband got his Masters in Health research in 2008 he applied for and was offered a job and got his H1B in April last year.

I don't know the answer to the question, but I am trying to recall what an acquaintance told me about this. I am not even sure which visa we could apply for once the I485 is filed and would think we would have to wait at least until the GC is approved, if not in our hands. I believe that the attorneys will apply for spouses green card at the same time, but not 100% sure of this.

I can email our attorney and ask though.

Good Luck!!
Hi Susan42,

My wife and I are in exactly the same situation. Did you happen to get an update since your last posts?

Thank you!
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Old 05-27-2011, 12:33 AM
 
250 posts, read 264,376 times
Reputation: 139
H4 can apply for EAD when the i-485 can be filed, this means when the H1B petitioner "priority date" becomes current, depending on the country and the category you are requesting on this can vary from 1 year to 8 years...

In general it is better if your wife can find her own h1b sponsoring job...
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Old 05-27-2011, 12:54 PM
 
2,060 posts, read 2,772,674 times
Reputation: 1576
Quote:
Originally Posted by Lebowsky View Post
H4 can apply for EAD when the i-485 can be filed, this means when the H1B petitioner "priority date" becomes current, depending on the country and the category you are requesting on this can vary from 1 year to 8 years...

In general it is better if your wife can find her own h1b sponsoring job...
For this reason alone it's worth trying to find a way to file for EB1-C if you aren't already, since its pretty much always current. Have your attorney research 'functional manager' if they don't think you qualify for it.
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Old 05-27-2011, 02:21 PM
 
250 posts, read 264,376 times
Reputation: 139
Quote:
Originally Posted by chicagojlo View Post
For this reason alone it's worth trying to find a way to file for EB1-C if you aren't already, since its pretty much always current. Have your attorney research 'functional manager' if they don't think you qualify for it.
Isn't EB1-C for executive positions only?
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Old 05-29-2011, 01:30 PM
 
2,060 posts, read 2,772,674 times
Reputation: 1576
That's where the 'functional manager' concept comes in. If your attorney doesn't know about it get a new one that does.
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Old 07-02-2014, 11:00 AM
 
2 posts, read 477 times
Reputation: 10
Hi,
I am filing my GC and my wife is on H4 Visa. We know it is a long process and years of waiting before we get our GC.

Let's say while my GC is in progress,
1. Can my wife apply for an H1B visa? Just so she can start working? (She is doing her MS right now on H4)
2. Is there any progress on the new rule where H4 holders will be allowed to apply for EAD (With restrictions)
I am nervous at the moment as whether i will be having the patience to wait for such long time with a single job.

My application is under EB2 category.

Regards
Vinod
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Old 07-02-2014, 07:32 PM
 
Location: Washington, DC
67 posts, read 17,890 times
Reputation: 107
Quote:
Originally Posted by chicagojlo View Post
That's where the 'functional manager' concept comes in. If your attorney doesn't know about it get a new one that does.
He has to have been a manager for a related company overseas for at least a year to qualify for that. And if he had, he'd be here on an L-1A, not an H-1B, and his wife would be able to work as an L-2. So I'm guessing it's not an option for him.
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Old 07-02-2014, 07:41 PM
 
Location: Washington, DC
67 posts, read 17,890 times
Reputation: 107
Quote:
Originally Posted by vinodkatkuri View Post
Hi,
I am filing my GC and my wife is on H4 Visa. We know it is a long process and years of waiting before we get our GC.

Let's say while my GC is in progress,
1. Can my wife apply for an H1B visa? Just so she can start working? (She is doing her MS right now on H4)
2. Is there any progress on the new rule where H4 holders will be allowed to apply for EAD (With restrictions)
I am nervous at the moment as whether i will be having the patience to wait for such long time with a single job.

My application is under EB2 category.

Regards
Vinod
1. Maybe. She'll need an employer willing to petition for her, and she and the job will need to qualify. But unless her employer is quota-exempt, she'll have to wait til the quota opens back up on April 1, 2015, and then hope to get picked in the "lottery" for H-1Bs when they get too many applications, which they will.

2. That rule is still in the comment period, so is months away from being final. And once it is final, it still won't help her for a long time to come, if at all. To qualify, either you must have an approved I-140 or have been here on an H-1B for six years and be getting it extended beyond the six years because you're waiting for the per-country quota to catch up with you. So, if your priority date is current (and whether it is depends on your nationality--if you are from India or China, you are subject to the per-country backlog in EB2) you might as well concurrently file the I-140 and I-485 and apply for her work authorization then.
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