Immigration Issues/EAD for spouse of H1-B holder just applying for Green Card
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.
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.
Ajay K. Arora, Esq.