H4 to GC timeline for EAD

Old Apr 26th 2011, 7:06 pm
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Default H4 to GC timeline for EAD

I am just starting out on the H1B visa route, I know that if my application is successful my wife will be issued an H4 visa and will not be able to work. Whilst our first year in the US will be used to test the water, if we decided to go down the GC route in EB3 category, can anyone advise how long my wife would have to wait before gaining employment authorisation?

Thanks
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Old Apr 26th 2011, 7:19 pm
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Default Re: H4 to GC timeline for EAD

Your wife would be eligible to apply for an EAD (Employment Authorization Document) with her I-485 Application to Adjust Status to Permanent Residency (usually called 'AOS').
She can submit that when you do, when your visa number is current. The EB-3 category is backlogged many several years at the moment. See the Visa Bulletin for more information.
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Old Apr 27th 2011, 1:46 am
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Default Re: H4 to GC timeline for EAD

In case you don't have the link for the visa bulletin, it can be found here.
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Old Apr 27th 2011, 2:00 am
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Default Re: H4 to GC timeline for EAD

Originally Posted by speedtriple View Post
I am just starting out on the H1B visa route, I know that if my application is successful my wife will be issued an H4 visa and will not be able to work. Whilst our first year in the US will be used to test the water, if we decided to go down the GC route in EB3 category, can anyone advise how long my wife would have to wait before gaining employment authorisation?

Thanks
I was on a H4 visa for almost 6 years before getting work authorisation. I found it very difficult as I had always worked. After 6 years though I was used to being a full time housefrau and my cooking, gardening, decorating skills etc vastly improved. Hubby also got used to me being at home. But I was in my early 50's at the time. If your wife is much younger and has no family here she may find it quite difficult to settle.
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Old Apr 27th 2011, 11:41 am
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Default Re: H4 to GC timeline for EAD

Originally Posted by speedtriple View Post
I am just starting out on the H1B visa route, I know that if my application is successful my wife will be issued an H4 visa and will not be able to work. Whilst our first year in the US will be used to test the water, if we decided to go down the GC route in EB3 category, can anyone advise how long my wife would have to wait before gaining employment authorisation?

Thanks
Yeah, our application's been in for 4 years already and it looks like it could be at least another 18months to 2 years, depending on whether the dates their looking at keep moving forward, they can also go backwards so it's a bit of a lottery. Like a lot of other H4 people on here, I can only speak for myself. I have always worked since I left school, worked 60 hour weeks sometimes for over 13 years, so it's hit me hard to be a stay at home mum, but I knew that before we took the plunge and made the move. Even though she wouldn't be able to work, there are a lot of volunteer things she could do, just to get out of the house.

I would also be looking to have something in your contract that your employer who's sponsoring you, will also sponsor you for your GC. Good luck with whatever you decide to do, as we don't regret making the move even with all the ups and downs that go with it, a lot of people don't get that chance.
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Old Apr 27th 2011, 4:50 pm
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Default Re: H4 to GC timeline for EAD

Thanks for the replies.

6 years! She will go nuts! We have two kids (aged 7 & 3) and my wife hasn't worked for 8 years but she was really looking forward to working again when our youngest went to full time nursery next year. It's fine in the UK with family and friends in a similar position around she is always busy but I am worried about her feeling lonely in the US. She makes friends easy enough but isn't that confident at driving, she's fine on the country roads in the lake district where we live but the US is going to be totally different as it's so vehicle dependant, especially in Southern California.
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Old Apr 27th 2011, 5:18 pm
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Default Re: H4 to GC timeline for EAD

Originally Posted by speedtriple View Post
Thanks for the replies.

6 years! She will go nuts! We have two kids (aged 7 & 3) and my wife hasn't worked for 8 years but she was really looking forward to working again when our youngest went to full time nursery next year. It's fine in the UK with family and friends in a similar position around she is always busy but I am worried about her feeling lonely in the US. She makes friends easy enough but isn't that confident at driving, she's fine on the country roads in the lake district where we live but the US is going to be totally different as it's so vehicle dependant, especially in Southern California.
She can always look for her own employment-based visa; she does not *have to* be on your derivative visa.
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Old Apr 27th 2011, 5:20 pm
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Default Re: H4 to GC timeline for EAD

Originally Posted by meauxna View Post
She can always look for her own employment-based visa; she does not *have to* be on your derivative visa.
Unfortunately not an option. She doesn't have the necessary qualifications/experience.
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Old Apr 27th 2011, 5:51 pm
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Default Re: H4 to GC timeline for EAD

Hi, My OH and I are here in Florida on the H1B and "evil" H4 visas, I am on the H4. I had worked virtually full-time in the UK from the age of 16, mainly in the NHS so was used to being extremely busy. When we came to Florida I was ready for a rest. The first year was great, just getting used to the lifestyle, the heat, etc. However we've now been here 18 months and I admit I'm struggling. We bought our own home and I am finding it very lonely, I don't see many people because of course most people are working. If I'm honest I'm having huge "pangs" for home I miss my kids who are back home and my family, all our family lived within one mile of each other so its tough. I'm going back home in 3 weeks for a couple of months for family events so I guess its going to either cure my homesickness or make me realise where my heart is. One thing I will say, I am so pleased we came to Florida because had we not then we would have always said "what if". I do wonder if, in my late 40's (very late!!), we perhaps left it too late to make such a big move. Of course this is only my opinion, my husband's is far different, he loves it and I think the thought of going back to the UK is the last thing on his mind.
I hate to be a debbie downer but this is just my experience and of course everyone's is different.
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Old Apr 28th 2011, 2:06 am
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Default Re: H4 to GC timeline for EAD

H4 aka "visa from hell".

I have a H1-b that I got in 2004. My priority date is Jan 07. At the current run rate we "may" get a chance at converting in about 18 months. The USCIS do move forward, backwards and indeed stop (unclassified). The point is - don't base your future on what anyone tells you as the USCIS has an uncanny knack of p!ssing on your parade.

But, if you are both up for it, the rewards can be great.

Good luck and "don't panic!!"

(P.S. if you can get out of EB3 into EB2, you can get your visa WAY quicker. Please investigate that route with your immigration attorney.)
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Old Apr 28th 2011, 11:45 am
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Default Re: H4 to GC timeline for EAD

Originally Posted by tigerbaywarrior View Post
H4 aka "visa from hell".

I have a H1-b that I got in 2004. My priority date is Jan 07. At the current run rate we "may" get a chance at converting in about 18 months. The USCIS do move forward, backwards and indeed stop (unclassified). The point is - don't base your future on what anyone tells you as the USCIS has an uncanny knack of p!ssing on your parade.

But, if you are both up for it, the rewards can be great.

Good luck and "don't panic!!"

(P.S. if you can get out of EB3 into EB2, you can get your visa WAY quicker. Please investigate that route with your immigration attorney.)

Ours is the same as you, January 2007 - fingers crossed it keeps moving forward as it has, but if our luck is anything to go by, I'm not holding my breath
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Old Apr 28th 2011, 11:48 am
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Default Re: H4 to GC timeline for EAD

Originally Posted by speedtriple View Post
Thanks for the replies.

6 years! She will go nuts! We have two kids (aged 7 & 3) and my wife hasn't worked for 8 years but she was really looking forward to working again when our youngest went to full time nursery next year. It's fine in the UK with family and friends in a similar position around she is always busy but I am worried about her feeling lonely in the US. She makes friends easy enough but isn't that confident at driving, she's fine on the country roads in the lake district where we live but the US is going to be totally different as it's so vehicle dependant, especially in Southern California.
She could still volunteer, that way, she gets out of the house, has some independence of her own and will meet new people. As for the driving, I would say that only with getting out there and doing it, will she get her confidence. I certainly couldn't live here without being able to drive and I found it very easy to adjust to the way they drive over here, but saying that, I drove for a living for the last 13 years in the UK.

If it was me, I'd still go for it. The worst that can happen, you don't settle over here and you decide it's not for you. Best thing that can happen, you move, love it and have a whole new lifestyle to experience. I'm sure you will both come to the right decision for your own family - Good Luck
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Old Apr 28th 2011, 8:01 pm
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Default Re: H4 to GC timeline for EAD

Originally Posted by Brat1 View Post
Ours is the same as you, January 2007 - fingers crossed it keeps moving forward as it has, but if our luck is anything to go by, I'm not holding my breath
May 2006 PD here and still won't believe it until I actually get the card in my grubby little hands. Got within a month of becoming current back in summer 2008 only for it go unavailable the next month. If it progresses the way it is currently then maybe end of year (right after the next H1B renewal) or early part of next year

My OH did voluntary work at the library of the local arboretum. Been working full time since we did the AOS in 2007 and got her an EAD
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Old Apr 28th 2011, 9:12 pm
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Default Re: H4 to GC timeline for EAD

Well I guess that we will have to find some voluntary work for her, I'm sure she'll soon get tired of going to the beach, cycling, rollerblading etc whilst I'm working
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Old Jun 5th 2011, 11:24 pm
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Default Re: H4 to GC timeline for EAD

Its a challenge, Ive been here since 2005 and am now applying for the GC via the EB2 route, if it was EB3 I would think long and hard given the backlog and job stability in this climate....., my wife had her own H1B but got laid off whilst she was pregnant, and is now a stay at home mum. We have the benefit that she is canadian so is obviously easier to get a TN than an H1B, you just need a back up plan as to be honest if my wife couldnt work for the next 6 years she would go nutz.

Life on a visa is a challenge to say the least....

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