H4 EAD when can spouse work

[Kish123]

I have two questions

 

1. I have some confusion regarding the new H4 EAD law that is being proposed by DHS.I am a H1B visa holder and in my 3rd year now(current extension is there till end of 5th year) if I apply for Green card now when can I apply for my spouse's H4 EAD assuming the law is passed.

 

This particular line in the law is confusing me.If my process starts can i apply or do I have to wait till certain stage

 

".. H-4 dependent spouses of principal H-1B nonimmigrantshave begun the process of seeking lawful permanent resident status through employment and have extended their authorised period of admission"

 

2. If I apply for GC now and my wife's visa get transferred to H1B from H4 means she is no more a dependant then how will it affect her GC . I mean can I add her later if she is in H1B .

[omshiv]

Firstly it's just a proposal..not a law and might take years to become one.

Secondly your employer applies for your GC and not you.

Thirdly after GC is applied and if your I485 is current your wife can apply for EAD and will no longer be on H4.

[Kish123]

Thanks for your reply

 

 My employer is ready to file my GC.

 

 

When you say your I485 is current how long generally it might take after my gc is filed? and is it the current law or its just the proposal?

[omshiv]

 

When you say your I485 is current how long generally it might take after my gc is filed? and is it the current law or its just the proposal?

 

Well it depends on which category you fall into.

 

EB1 then its current.

EB2 - wait for 4-5 yrs.

EB3 - Wait for 40 yrs.