My wife owns a H1B and lives in the USA. Although I own a H4, but live in Germany. My wife’s boss wants to sponsor her a green card. As a spouse, I am included in the application as a “dependent person”. According to our lawyer, we have 2 options:
A) I wait until my wife’s greencard has been approved and then start consular processing in Germany.
Or B): I travel to the US before the I140 is filed and we apply for an EAD for myself at the same time. After approval, I could then work transitionally until the green card has been approved.
Because Trump would like to abolish the H4 EAD, I have of course the question of whether this also affects our case. Does that leave us only possibility A? That would of course delay my immigration process considerably.
Question/Assumption: Your wife is not born in India/China/Mexico.
With the above assumption, you better visit US on any visa before the final approval of i140 for your wife. Once her i140 is approved, you may be able to file for the i485, AP, EAD together for you and your spouse at the same time(which gives you to live and work in US till you get the Green Card (i485) approved.
Just in case if you want to come to US before i140 filing, you can do so, you can continue to live on H4 but work option depends on the H4-EAD possibility. But in any event, if at all you lose work option, it should be pretty marginal time period(but I believe that you would get the work option in one way or other). Good luck.
many thanks for your response. You describe the method that I would prefer. I would enter before applying for the I140 / I485 and we would also apply for an EAD for myself. My wife is allowed to work anyway, because she owns a H1B. According to our lawyer, such an EAD takes 4-5 months, which I could bridge with financial savings. It would be sad if Trump prevented this possibility by abolishing the H4 EAD. Because then I would have to do the consular processing again.
I have visited the USA several times, in April 2019 I travel to the country for the sixth time.