Green Card Processing

[deaton333]

I have a question about the green card process. I am currently waiting to receive H1B status in the US, and my employer will start the green card rolling sometime next year as an EB2. I have been told informally that at some point during the application process, so long as I am adjusting status from within the US, I can also file for spousal work authorization (she and I are both Canadians). Is that true? And if it is, how does it work?

[agnelson]

Once you file PERM and have it approved, you will file I-140 and either concurrently or later, I-485 (EB2 can usually file concurrently). The moment you file I-485, your spouse can also file I-485, which also entitle her to file I-765, which is employment authorization document. She would also file I-131 for Advanced parole. As soon as her EAD is approved, she can work, with no restriction. Her status then changes from H4 to 'adjustee', thus the need for Advanced parole to travel. You can stay in H1 status if you wish.

Btw, there is no need to wait for H to start GC process, but that is fr another thread, elsewhere.

[deaton333]

Thanks, this is exactly the info I need. My employer did start the green card at the same time they did with the H1B, so hopefully the green card will be ready to go sometime next year (its been 3 months thus far)