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EAD for spouse when applying for Green Card

Hartford, CT |
Filed under: Immigration Green cards

I am currently on H1 and planning to apply for GC. My spouse in on L1B & has already completed 3.5 years on it.

If I apply for GC & assuming that my PERM & I-140 is completed can both me and my spouse apply for I-485 together & can both of us apply for EAD at the same time?

The intent is to get EAD for my spouse since he has already completed 3.5 yrs out of a possible 5 on L1B

I am aware that I-485 processing times are longer. Hence we both want to apply for EAD when we file I-485 so we can continue to stay in USA

Attorney Answers 2


You can both apply for an EAD in conjunction with an I-485 once your priority date is current and an I-140 is pending or approved.

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Yes, if the priority date on your case is current, you can both file the I-485 at the same time, alone with EAD applications.

BUT, this is only if the priority date is current.

You really should have an immigration lawyer help with these important last steps of the process.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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