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Immigration Issues/EAD for spouse of H1-B holder just applying for Green Card

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Question
I am a single unmarried male from India, presently in US on H1-B visa. My employer has just started with my Green Card application process for EB-2 category. We have not even filed for Labor Certification as yet.

I am about to get married within next 6-10 months and have a few questions/concerns regarding the Green Card process.

Some websites are telling me that both I-140 and I-485 can be applied at the same time. Some other people are telling me though that I-485 cannot be applied unless the application for a visa number becomes current (i.e. the Priority Date is almost reached). Which scenario is true and what is the process and advantage of filing both I-140 & I-485 together?

About my spouse, when I get married and bring her to US from India, what visa would I have to apply for her? When can I add her to my Green Card application? How can I get an Employment Authorization for her apart from applying for H1-B? How long does it normally take to get EAD?

I have also heard that if my spouse would like to be a teacher in a school or a counselor, she can get an H1-B visa even if the visa limit is reached. Can you please shed some light on this? How would this be affected if she is working at a Middle or High School instead of a University? Can you please also elaborate more on what the H1-B process now would be? Even if you can please tell me where I can find this info, it would be appreciated.

Also, although I am qualified for EB2 category as I have a Masters from a US University, but I just read on some websites that my salary also needs to be above a certain number so that I qualify for EB2. Where and how can I find that data? I have a Masters in a very specialized field and as such the details for it are not really mentioned anywhere in most easily accessible government databases. I am an Embedded Systems Engineer in Oakland County, MI.

Any information in this regard would be greately appreciated.

Answer
Hi Abhinav,

The I-140/I-485 cannot normally be filed together for Indian nationals. The priority date must be current in order to file I-485...in other words, a visa must be available. The following webpage from our website is helpful: http://www.h1b1.com/visawaiting.htm

When I-485 is filed, employment authorization independent of H-1B is issued, so that is one advantage...the main advantage is that you will not receive a green card without the I-485 being filed and approved.

Your spouse will enter on H-4 visa. This status does not allow employment, and she will therefore have to change status to H-1B. She will be subject to the visa cap. The exception to being subject to the visa cap is a position by an institute of higher education (such as college or university).

Prevailng wage can be determined from this website: http://www.flcdatacenter.com/OesWizardStart.aspx but in any event the sponsoring employer is responsible for determining and paying the prevailing wage.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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