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How soon can I get work authorization/EAD if my greencard holder wife files my petition for GC? We both have Indian passports

Kissimmee, FL |

My wife is a green card holder and I'm working here on 5th year of my H1B (work-permit). It will be few years before she is eligible to file for citizenship. My employer isn't willing to file Employment based greencard petition for me. I was wondering what timelines are involved if I'm looking to get EAD/work authorization by filing a Green card petition via my wife ?

Thanks

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Attorney answers 3

Posted

If you wife has not already done so, she should file a petition for you immediately since it will be approximately 2-3 years before the priority date will become current (at present rates). Only then, assuming you continue to remain eligible for adjustment of status, will you become eligible for an EAD based upon your marriage. Consult with an experienced immigration attorney who can review the facts of your case, advise you what to expect, and recommend how best to proceed given our situation.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Posted

Since your wife has years to wait before becoming a citizen, you will encounter a problem in maintaining legal status in the U.S. You will most likely have to change your status in the U.S. or wait in India for your wife's petition to benefit you. Seek counsel regarding your case immediately as your H1B visa is nearing expiration.

Asker

Posted

Liz, Thanks for your answer. So,if I'm able to move to an employer who files my employment based Green petition for me and then also have my Green card holder wife file my petition in parallel, how long can I expect to get some work authorization /EAD based on her petition ? Thanks

Lizette Monick Sierra

Lizette Monick Sierra

Posted

if you change Petitioner and immediately file a labor certification you may be able to extend past the 6 years of total H1B years; it is possible. the EAD via your wife's petition is most like 3-4 years away as she is a resident but once she becomes a citizen And files for you it takes about three months from time of filing the ai-485. This timing makes it important that you begin all processes quickly.

Posted

It will take a few years. First the I-130 must be filed and approved. Then you must wait until the priority date becomes current before you can file for the green card and also work authorization.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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