h4 EAD eligibility

Question

Hi,

My husband's employeer filed GC in EB2 on May 2014. Priority date is May 10 2014. I have 2 questions. will be thankful if anyone knows and replies

1.) If his PERM and I140 gets approved in less than 2 years ( 2.5 years over in H1B . still we have 3.5 years) , will i be eligible to work ( am in H4) once the rule comes into effect?

2.) how long will it take to get PERM and I140 approved?

Answer 1

H4 EAD rule will still take 1-2 years. No need to worry now.

While applying for H4 EAD, spouse should have I140 approved.

Comments

That is not fully correct. H4 EAD may realistically happen in next 6 - 10 months time. One can get Perm/140 approval (Happy path, no audits) in as low as 2 - 8 months. So yes you better start worrying (rather Planning) identify your skill-set, brush-up, unless you need to, start looking jobs and start appearing interviews. That takes sometime.

Answer 2

PERM takes 6-8 months if you dont get any kinda audit and I140 takes almost 3-5 months.

I140 - you can file with premium process and will get approved in 15 days.