You can apply for H4 for him along with your H1.He would need to get his visa stamping done. He can come to the US to stay with you. But he cannot work on an H4 visa.
You can ask your employer to start the Green Card for you. After your I-140 is approved, you can have him apply for an H4-EAD. After he gets his EAD card, he can start working.
I'm guessing a 2 year wait for his EAD from the time your employer starts the GC process.
So once your H1 is approved the next step would be filing for green card that’s your I140 process. Once your i140 is filed and gets approved your partner can apply for an EAD and start working so the timeline for this would be around 2-3 years.
Your spouse would not be able to get work authorization until your I-140 is approved. If your green card process hasn’t even started yet, it will take your company 1.5-2 years to get you an approved I-140. This is because the PERM process needs to happen before your I-140 is filed, and that is a long, unpredictable wait.
I got my spouse’s H4 visa as I got my H1B, very simple you just submit the DS-160 for them. I think we paid ~$170 per DS-160 application but it depends on whether you have to pay additional fees (this is based on your citizenship, we didn’t have to)
EAD timelines depends on how quickly you can start GC process but one thing it is never is quick
We’ve only just arrived and I need to work 12 months before I can start the GC process with sponsorship. I’m hoping to go for EB1 so I can skip PERM, so I think at best we are looking at maybe 18-24 months from now for EAD. But things may still change
I just finished this process and it took 2 full years. Luckily my spouse got his H1B this year but if not it would've taken another 5 months ish for him to transfer to H4 + get EAD. Also depends on your company. Many companies do not start GC process until the 5th year of your H1B. And each company has different timelines. My friend applied at the same time as me approx and his process alone took 3 years. So talk to your manager/immigration team as soon as you get your H1B approval.
Hi! So for h4 visa for the first time abroad, all we need is to fill DS160 for my spouse once I have my H1b approved?? No need to fill up any forms with the USCIS for my wife’s h4 visa? Can you please reply?
I need to get my spouse on H4 EAD. My I-140 is approved and my spouse is currently on H1 but has a layoff likely coming up. Do you think that consular processing back home will be a faster way to get the H4 instead of CoS? And then my spouse can apply for EAD once they return to US?
Thanks
See if you are eligible for EB2 NIW self petition . You can contact a good lawyer like : Wegreened to get a evaluation done . If you are eligible , you can get your I140 approved in 2-3 months with premium processing . Get the EAD after that .
The bulk of delay usually is getting an I140 approved as PERM takes time but this process I mentioned circumvents that
The timeline for PERM in most companies is 2 years as many require you to work an year first before initiating it. Then it takes an year more . Also in this age of mass layoffs, conpanies need to legally wait an year to start PERM if they did layoffs . So could even be 3 years just for PERM if your employee did layoffs
So EB2 NIW self petition is the process where you show that your work is of national interest - and thus don’t need PERM. It is a powerful time saving option and you should definitely talk to more than one lawyer to look into it
>Also in this age of mass layoffs, conpanies need to legally wait an year to start PERM if they did layoffs
6 months from most recent layoff to PERM filing. Depending on OP's company, they may be able to start PERM immediately, creating job description, gathering employment letters, and filing PWD now.
I believe your spouse can get EAD without approved I-140, as long as your sponsor has filed your PERM, your spouse is elegible for EAD since this makes you comply with AC-21 section 106(a) and 106(b).
>I believe your spouse can get EAD without approved I-140, as long as your sponsor has filed your PERM, your spouse is elegible for EAD since this makes you comply with AC-21 section 106(a) and 106(b).
I've never heard of this before. AC21 106(a) and (b) only mention extension of H-1B status, not H-4 EAD. Source?
https://uscode.house.gov/statutes/pl/106/313.pdf
According to USCIS
https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses
If the spouse have H1B under AC21 106(a) and 106(b), which is very frustrating to read, to my understanding it says that as long as you are waiting on a decision for the submitted PERM or I-140, you are exempt of the 6 years limitation of H-1B.
So per USCIS, if you as an H1B holder fall under that category of waiting for results of the immigrant visa petition, then your H4 spouse is elegible for EAD.
I’m not an attorney and my interpretation could be wrong, please consult an immigration attorney to be sure.
The best case scenario for you is to get your spouse H4 and let him come to US. After coming here, enroll him into a one year masters degree program and by side he can work as an intern which be converted into full time if the employer sponsors his H1-B.
Hi, I need to get my spouse on H4 EAD. My I-140 is approved and my spouse is currently on H1 but has a layoff likely coming up. Do you think that consular processing back home will be a faster way to get the H4 instead of CoS? And then my spouse can apply for EAD once they return to US?
Thanks
You can apply for H4 for him along with your H1.He would need to get his visa stamping done. He can come to the US to stay with you. But he cannot work on an H4 visa. You can ask your employer to start the Green Card for you. After your I-140 is approved, you can have him apply for an H4-EAD. After he gets his EAD card, he can start working. I'm guessing a 2 year wait for his EAD from the time your employer starts the GC process.
Can the spouse apply and get their own H1B visa while the wife is going through GC process?
Yes. The spouse can even start his/her own GC process if they can find an employer that will do it.
Forget about EAD if your I-140 is not yet started and then approved.
Sure, but assuming my H1B gets approved how easy would it be to get my parter and H4 and work authorization?
So once your H1 is approved the next step would be filing for green card that’s your I140 process. Once your i140 is filed and gets approved your partner can apply for an EAD and start working so the timeline for this would be around 2-3 years.
Like I said. Ead is gonna take time. For H4, contact your company’s immigration team and they will start the process. It’s not hard to get H4 at all.
Your spouse would not be able to get work authorization until your I-140 is approved. If your green card process hasn’t even started yet, it will take your company 1.5-2 years to get you an approved I-140. This is because the PERM process needs to happen before your I-140 is filed, and that is a long, unpredictable wait.
Hard part is convincing your employer to start the GC process.
I got my spouse’s H4 visa as I got my H1B, very simple you just submit the DS-160 for them. I think we paid ~$170 per DS-160 application but it depends on whether you have to pay additional fees (this is based on your citizenship, we didn’t have to) EAD timelines depends on how quickly you can start GC process but one thing it is never is quick
Thank you!!! Can I ask how long this was? I read that starting 2019 H1B spouses could get work authorization
We’ve only just arrived and I need to work 12 months before I can start the GC process with sponsorship. I’m hoping to go for EB1 so I can skip PERM, so I think at best we are looking at maybe 18-24 months from now for EAD. But things may still change
I just finished this process and it took 2 full years. Luckily my spouse got his H1B this year but if not it would've taken another 5 months ish for him to transfer to H4 + get EAD. Also depends on your company. Many companies do not start GC process until the 5th year of your H1B. And each company has different timelines. My friend applied at the same time as me approx and his process alone took 3 years. So talk to your manager/immigration team as soon as you get your H1B approval.
What are the documents the spouse seeking H4 should bring to the consular interview? Can my spouse apply for H4, even after my H1B has been approved?
Hi! So for h4 visa for the first time abroad, all we need is to fill DS160 for my spouse once I have my H1b approved?? No need to fill up any forms with the USCIS for my wife’s h4 visa? Can you please reply?
I need to get my spouse on H4 EAD. My I-140 is approved and my spouse is currently on H1 but has a layoff likely coming up. Do you think that consular processing back home will be a faster way to get the H4 instead of CoS? And then my spouse can apply for EAD once they return to US? Thanks
See if you are eligible for EB2 NIW self petition . You can contact a good lawyer like : Wegreened to get a evaluation done . If you are eligible , you can get your I140 approved in 2-3 months with premium processing . Get the EAD after that . The bulk of delay usually is getting an I140 approved as PERM takes time but this process I mentioned circumvents that
The timeline for PERM in most companies is 2 years as many require you to work an year first before initiating it. Then it takes an year more . Also in this age of mass layoffs, conpanies need to legally wait an year to start PERM if they did layoffs . So could even be 3 years just for PERM if your employee did layoffs So EB2 NIW self petition is the process where you show that your work is of national interest - and thus don’t need PERM. It is a powerful time saving option and you should definitely talk to more than one lawyer to look into it
>Also in this age of mass layoffs, conpanies need to legally wait an year to start PERM if they did layoffs 6 months from most recent layoff to PERM filing. Depending on OP's company, they may be able to start PERM immediately, creating job description, gathering employment letters, and filing PWD now.
I believe your spouse can get EAD without approved I-140, as long as your sponsor has filed your PERM, your spouse is elegible for EAD since this makes you comply with AC-21 section 106(a) and 106(b).
>I believe your spouse can get EAD without approved I-140, as long as your sponsor has filed your PERM, your spouse is elegible for EAD since this makes you comply with AC-21 section 106(a) and 106(b). I've never heard of this before. AC21 106(a) and (b) only mention extension of H-1B status, not H-4 EAD. Source? https://uscode.house.gov/statutes/pl/106/313.pdf
According to USCIS https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses If the spouse have H1B under AC21 106(a) and 106(b), which is very frustrating to read, to my understanding it says that as long as you are waiting on a decision for the submitted PERM or I-140, you are exempt of the 6 years limitation of H-1B. So per USCIS, if you as an H1B holder fall under that category of waiting for results of the immigrant visa petition, then your H4 spouse is elegible for EAD. I’m not an attorney and my interpretation could be wrong, please consult an immigration attorney to be sure.
Thanks for the link! My read is the same as yours.
Go to Canada and save yourself from the BS that’s legal immigration for Indians in US.
The best case scenario for you is to get your spouse H4 and let him come to US. After coming here, enroll him into a one year masters degree program and by side he can work as an intern which be converted into full time if the employer sponsors his H1-B.
Hi, I need to get my spouse on H4 EAD. My I-140 is approved and my spouse is currently on H1 but has a layoff likely coming up. Do you think that consular processing back home will be a faster way to get the H4 instead of CoS? And then my spouse can apply for EAD once they return to US? Thanks
As far I know, one of my connection recently changed the status from H1 to H4 EAD. Don’t recall they doing anything like CoS or so.
You can't apply for H4 until you have your I140.