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On August 2025, I am in the 4th year of my H1B. My wife is under H4 visa. I want to apply for EB2 NIW with premium process. Let’s assume that I will have I140 in 04/2026, can my wife apply for EAD to work in the US right after that?
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Requirements for your wife to obtain a H-4 EAD is that you are both in valid H-1B/H-4 status and that you have an I-140 approval. Once you have the I-140 approval, your wife should be able to make an application for employment authorization. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 01st, 2025 at 6:00 PM