Impact of I-140 approval on spouse?
What impact does a persons I-140 approval have on their spouses work status?
If the husband has filed for green card and USCIS has approved his I-140 application, then that means he is currently in limbo waiting for his priority status to become current.
Once his priority status becomes current, he can file for I-485 to get his actual green card, and then he and his spouse would both get EAD cards.
This wait time for Indian citizens is about 5 years for EB-2, and about 8 years for EB-3. During this wait time, the husband can keep renewing his H-1 visa every 3 years, indefinitely.
But what about the spouse during this waiting period - does the husbands I-140 approval have any impact at all his wifes status? Will the wife also be able to indefinitely renew her H-1 every 3 years?
The principal of the I-140 is on an H-1B and can renew....
The spouse can either be on their own H-1B independently or they can be a dependent on spouse as an H4 but then cannot work. Once the priority date is current and I-485s are filed then you get both EADs.