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bagul.yogesh · Jan 11, 2011, 02:42 PM

Hi There,

I am a H1B holder and my wife is in USA on a H4 dependent visa. My company is willing to apply for a green card for me. If the green card application is completed, can my wife work in USA?

Thank you in advance.

NYcityboy · Jan 11, 2011, 02:58 PM

If she is included as a dependent spouse, she will be filing the I-485 at the same time as you are, and will qualify for an EAD.

Please check with corporate immigration counsel as to your EB preference classification. As an H-1B, you are most likely in the EB-3(2) preference classification and that is backlogged to January 2001. So it will take over 10 years before you get to the I-485 stage.

bagul.yogesh · Jan 11, 2011, 07:23 PM

Thank you NYcityboy. So I guess it would easier to transfer her status to H1. She has one approved already.

NYcityboy · Jan 11, 2011, 07:54 PM

Definitely faster to work with the H-1B.