stoyleg

Hi, I'm currently working in the US on a H1B visa - my wife has H4.
I'm struggling to find a definitive answer as to whether my wife can apply for the right work - it seems possible but only under certain conditions, but I don't really understand those conditions.
Any advice anyone can give would be very much appreciated.

Thanks.

Fred16

What stage are you at in the green card process

stoyleg

I have not started that process - we only moved here in Dec so I'm guessing I can't start it just yet?

Fred16

I believe your spouse can not apply for an EAD until you have an approved I140

stoyleg

So I140 is the application for greeen card?

Noorah101

No, the I-140 is only a portion of the green card process. The I-485 is the actual application for the green card.

Your wife cannot currently work.

Rene

Olly_

The H-4 EAD is only useful for people born in countries with a backlog of green card applicants - primarily China and India. It's not relevant in your situation, and if you were born in the UK then even when going through the green card process it's not the route you would use to get an EAD.

stoyleg

Thanks for the replies.
So just to clarify, there's no way my wife can work in our current situation?
Presumably I can't start the application process for green card until close to expiry of my H1B visa?

Olly_

Correct.

It can be started at any point but your employer is the one who needs to file for you.

stoyleg

Perfect thank you

Fred16

You need to know if your employer will file for I140 petition and the route they are going to take
Only they can give you this information
It is likely at least 7 months from now, before wife will have an EAD and never if employer are not going to file for you

stoyleg

Understood, thanks.

scrubbedexpat099

She can also find an Employer to sponsor her for a work visa.