Wife on H4 EAD and her priority date will be current soon

[vamshiz]

Hi all, me and my wife were both on H1s before getting married. She is math teacher and my Wife Priority date is much earlier (EB3 2009). After marriage, she moved to H4 and have EAD, but right now, she is stay at home mom. When her green card priority dates become current,

1) Can she apply for I-485 without working

2) If she has to be working, can she be working on H4 EAD and still apply for I-485.

3) If she works for a new school district than previous, I assume she has to do all the PERM process again. But if she joins the previous employer school district, does she still need to go thru new PERM and labor?

[scientist2016]

Hi all, me and my wife were both on H1s before getting married. She is math teacher and my Wife Priority date is much earlier (EB3 2009). After marriage, she moved to H4 and have EAD, but right now, she is stay at home mom. When her green card priority dates become current,

1) Can she apply for I-485 without working

2) If she has to be working, can she be working on H4 EAD and still apply for I-485.

3) If she works for a new school district than previous, I assume she has to do all the PERM process again. But if she joins the previous employer school district, does she still need to go thru new PERM and labor?

(1) Yes. The only requirements are: The position for which the EB3 was filed still exists, and the beneficiary would take that position.

(2) Current visa and/or working status is immaterial.