EAD for Spouse when just applied for GC

[Tust326]

Hello All

I am in my 5^th year of my H1B and planning to apply for GC through employer. I am married and my wife is having a hard time finding an employer who can sponsor. She is getting calls but when it gets to sponsoring, no one wants to go that path. We have couple of questions:

• I know that the processing time for GC for Indian national takes long. I heard that as soon as I apply for the GC, (at lease after 140 is cleared) my spouse can get EAD and can start working. Is that true?
  

We are also considering other options:

• We are considering moving to Canada as getting GC won’t take longer and my wife do not have to wait for as long as 4-5 yrs to start working. Also the Canadian GC rules, unlike USA, are not so strict; like you need to be present in US couple of months every year.
  

Let me ask you this, since I am in my 5^th year of my H1 and need to decide right now about filing for US GC and my most likely option is to move to Canada, would I be blowing a chance of US GC? Is my option of moving to Canada better than filing for US GC? What do you all think?

I appreciate for your time.

Regards

[pontevecchio]

Canada is a great country. Go for it.

[JoeF]

I know that the processing time for GC for Indian national takes long. I heard that as soon as I apply for the GC, (at lease after 140 is cleared) my spouse can get EAD and can start working. Is that true?

No. Don't listen to rumors.

Only when the PD is current and she can file an I-485, then she can apply for an EAD as well.