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Me & My husband both are on H1B visa, If my husbands employer files green card for him, how will i be eligible as his spouse?
Anonymous2 views3 answers
I mean If i'm on H4 visa i.e. his dependent i'll get an EDA once his green card application gets approved but as i'm on H1B how will it work? Can i still get a EDA on his green card as i'm his spouse or i won't be eligible for EDA under green card?
Your question does not make sense. First you say you are on H-4, then you say you are on H-1B. If you are on H-1B, you would need to remain on H-1B until you reach the six year maximum. After that, if you have filed for adjustment of status, you would be eligible for an EAD.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
If you are in the U.S. on an H1-B visa, you would need to file for Adjustment of Status (application for permanent residence) prior to the start of your sixth year. You would have to meet the criteria for an employment-based visa. You can thereafter request one-year extensions of your H1-B visa (or 3-year extensions if you were born in a "high-admission" country).
