H4 Visa - Greencard (EAD)

Old Feb 6th 2013, 11:07 am
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Default H4 Visa - Greencard (EAD)

Hi all

My partner has been offered a job in the US and they will be applying for a H1B visa.

I understand that I will not be able to work with the H4 visa.

How long does it take to get a greencard (from the point of application) and when would I be able to get an EAD? I am presuming that he would qualify for an EB2 (he is a design manager for a big company and has a degree + 12 years progressive experience).

I guess we are trying to figure out when I would be able to get a job over there. We are happy for me to take some time off in the meantime - we'd like to start a family!

Does anyone have any experience of this?

Thanks in advance.
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Old Feb 6th 2013, 11:57 am
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Default Re: H4 Visa - Greencard (EAD)

The first question is....is his company willing to petition the green card at all? Do you have it in writing with a specific date?

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Old Feb 6th 2013, 11:58 am
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Default Re: H4 Visa - Greencard (EAD)

Originally Posted by canarybats
I understand that I will not be able to work with the H4 visa.
Correct... on the assumption that you are married to your partner.


How long does it take to get a greencard (from the point of application) and when would I be able to get an EAD?
That depends on how long it takes for the company to start the paperwork on your behalf. Unless it's written into his contract, they aren't ever obligated to start. However, once they start the paperwork it'll take anywhere from several months to a year or so before you can apply to adjust your status. Once you apply to adjust your status, it'll take about 90 days to get an EAD.

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Old Feb 6th 2013, 12:30 pm
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Default Re: H4 Visa - Greencard (EAD)

He will definitely request that it is written into his contract.

Thanks
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Old Feb 6th 2013, 4:43 pm
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Default Re: H4 Visa - Greencard (EAD)

Yes it took us about 1 year to get the GCs on EB2-ROW. EAD came about 1 week before GC, so was not really necessary.

Being married is probably the first thing you should consider. I don't know much about unmarried couples, but I think it will be very difficult in regards to the USCIS. Also, your partner's work medical insurance may not cover you either.

But I think you should also consider the extra medical costs, child care costs and general costs of living too. Remember kids don't start school here until they are 6. There is no State/free provision of pre-school until that age. My 5 year old is still only half day at Kindergarten, back in the UK they were offering him a funded place at pre-school from age 3.
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Old Feb 6th 2013, 10:12 pm
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Default Re: H4 Visa - Greencard (EAD)

Originally Posted by AddyLaddy
I don't know much about unmarried couples, but I think it will be very difficult in regards to the USCIS.
She'll not get an H-4 visa unless they're married. She's never said, so it's hard to tell.


Also, your partner's work medical insurance may not cover you either.
Good point... very important.

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