EB2 India Primary applicant applying AOS for the first time. Spouse is on H4 dependent status can I file for I-765 (EAD) for her

Asked about 1 year ago - Peoria, IL

I have recently ported from EB3 to EB2 India. I-140 approved. My priority date is Jan 24, 2008. I will be filing I-485, Travel doc, EAD, AP etc. (for the first time) for me and my wife. I am working for my sponsor employer for 7 + years. My wife earned her MS degree here in US and is now on H4 status. Some where it said H4 is not eligible to file for EAD (I-765)? She is eager to begin her employment once she get her EAD. My question is: Is she eligible to apply for EAD as my dependent? Can I file for her I-765?

Thank you.

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    9

    Lawyers agree

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    Answered . You asked and answered your own question.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Gunda Johanna Brost

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . No, she is not eligible for employment while on an H4. The term "dependent" implies that she is not able to independently work, but that her ability to remain in the US is dependent upon your own visa and work status. Once your green card is approved, you can file a petition for her green card and then she will become eligible to work herself.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more
  3. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . No, she cannot get an EAD based on being an H4. She can, however, get one based on being an applicant for adjustment of status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Anu Gupta

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Once you file for your and her 485, also file for her work permit/765.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Asked and answered.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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