1-140 approved. Can I get EAD for wife

[HarryPottar]

Hi Everyone,

I need advice on following two things:

Background:

My 1-140 is approved and I am waiting for my priority date to become current which can take some time. My wife is currently not in US and working in home country. She does not want to come here on H4.Her name is included in my GC application.

Question:

1. Is it possible to get EAD for my wife so that she can get a job in US and legally work? What process I have to do?

2. Suppose my priority date become current and my wife does not want to move to US immediately. What is the process when priority date becomes current? Does all applicants in GC application needs to be in US after that? Please advise if wife can not join immediately due to personal reason.

Thanks All.

[spenumatsa]

1. As your dependant, you can only file for her EAD when your priority date becomes current.

2. You as well as your wife have to be in the US when you file your Adjustment of Status (I-485) and Advance Parole(Travel Document).

Your attorney will be able to give you all the details about the process when your priority date becomes current.

If you think that your prirority date might become current any time soon, make sure that you have all the documents with you. One of the most important one is the birth certificate. As i said before, your attorney will provide you with all the required documents that are required.

[pontevecchio]

Your spouse can come over in L1 status if her company will send her or she can find a H1 sponsor to start work from October,1.

[HarryPottar]

Thank for the reply spenumatsa and pontevecchio

If the priority date becomes current, can I only apply for my 1-485 adjustment of status. When my wife join few months later, she can file her I-485.

OR

Is there any requirement that all applicants in GC applications need to be file I-485 together?

Thanks All.

[Attorney_19]

The derivative spouse may file the I-485 at a later date as long as the priority date is current at time of I-485 filing. One is required to be physically present in the US and maintaining status at the time of filing the I-485 application.

[HarryPottar]

Thank you Attroney_19. This forum is great to get some insight.

My wife is from Canadian PR (not citizen) and work there. Due to our personal reason, she would not be filing I-485 immediately. I have one follow up question. If I file my I-485 and leave wife out at that time. Later, to file for my wife, Do I have to get her to US on visitor Visa (since my H1 will longer will valid after filing I-485 and she already have visitor visa) or do it from Consular processing (I hope I am right about CP concept).

Thank You.

[HarryPottar]

anyone answer above question pls.