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A question for Umesh, Mohan or others

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  • A question for Umesh, Mohan or others

    I am a green card holder and my wife is holding H1b visa. I know it will take almost 5 years to adjust her status if I apply for her.
    In the mean time, will she able to get her EAD while her green card applicatin is pending? If so how long it will take?
    Is it very difficult process?
    Thanks in advance.

  • #2
    I am a green card holder and my wife is holding H1b visa. I know it will take almost 5 years to adjust her status if I apply for her.
    In the mean time, will she able to get her EAD while her green card applicatin is pending? If so how long it will take?
    Is it very difficult process?
    Thanks in advance.

    Comment


    • #3
      on H1B .. YES.

      Comment


      • #4
        Mohan: Yes it's difficult, or yes she can get the EAD? Clarify?

        Comment


        • #5
          yes she can get EAD. H1B is non immigrant status and she will be able to get EAD for the time she have valid employment.( all the H1B suppose to leave country after expiration of their contract.)unless they AOS.

          Comment


          • #6
            Mohan: I don't understand your response. She already has a H1B. Can she get an EAD quickly and move around or work legally similarly to a green card holder or is she stuck in the same H1B job, in which case there is no change in her status at all through marriage? Thanks!

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            • #7
              H1B employee will be on EAD after filing the AOS. But 1)she can only work for the same employer 2) she need Advance Parole to travel.
              3) she cannot work as GC holder( still H1B rules apply unless AOS is approved.

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