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EAD for Spouse of an EAD holder.

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Hi there,

I'm already on EAD and she is on her H4. My H1 expires on Oct 2013 (but I'm already on GC EAD). Now, just because her h4 needs to be extended, I'm forced to renew my H1 this year. This could be avoided if there is any way that I can apply Green Card-EAD for her also. I'm not able to find the right answer since my case is unique (at least I'm thinking it is). Any help/suggestions/pointers/ideas appreciated. Note: Her I-94 is valid until Sept 2013. Mine is a conditional I-94 which says "until EAD is valid".


AUG 2006 - Entered US on F1 visa.

OCT 2009 - Received my H1B visa.

JAN 2010 - Filed for GC Labor. (I was single)

MAR 2011 - Wend to India and got H1 stamped.

JUN 2011 - H1 Expires, so applied for renewal.

OCT 2011 - Received my H1 renewal, till Oct 2013.

MAR 2012 - Applied Green Card I-485. (I was single)

APR 2012 - Received Green Card-EAD (I was single)

MAY 2012 - Got married in India.

JUN 2012 - Applied and received H4 for my wife.

JUN 2012 - Came back to US with my wife. I entered using my EAD, She entered using her H4. (I did not get my H1 stamped this time when I went to India)



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The only way your wife can get the EAD is the your PD gets current again.When your PD gets current file I485/I765/I131 for your wife.Until then you will have to keep extending your H1.

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