H1B holder marrying EAD holder

[utopian]

Hey Guys,
Appreciate if anyone can provide some direction on this:

I have an approved I765 (EAD). In fact, it has been approved since 2007 and is being renewed every 2 years (every 1 year for the first couple of years). My priority date is March 2006 (EB3 - Indian). My fiance is an Indonesian citizen and is on an H1B.

The question is simple - if we were to get married, could she benefit in any way? FYI - her company is intending to continue her H1B and is about to initiate the perm process.

Appreciate any direction/advice!

Thanks.

s.

[peace999]

what is the basis of your EAD?

you could benefit from her after marriage. Under CROSS CHARGEABILITY.( optional transfer under spouse's country cut off date)

After marriage ; Add her name to your petition and on request for cross chargeability, your EB3 could be transferred under "other countries" with a cut off date 2011 which means it will take another 3 years.
And for India, the cut off is 2003, which also means it could take about 3 years for you continuing as it is.( priority date 2006)
I suggest you talk to a good attorney if this could be quicker.

She can benefit in the sense that she does not need to go through the green card process separately. She will get one as a derivative of your petition( spouse).
You will have to add her name to your petition after marriage.

[utopian]

what is the basis of your EAD?

you could benefit from her after marriage. Under CROSS CHARGEABILITY.( optional transfer under spouse's country cut off date)

After marriage ; Add her name to your petition and on request for cross chargeability, your EB3 could be transferred under "other countries" with a cut off date 2011 which means it will take another 3 years.
And for India, the cut off is 2003, which also means it could take about 3 years for you continuing as it is.( priority date 2006)
I suggest you talk to a good attorney if this could be quicker.

She can benefit in the sense that she does not need to go through the green card process separately. She will get one as a derivative of your petition( spouse).
You will have to add her name to your petition after marriage.

Thanks a lot for the the prompt response peace999! I guess there are a couple of obvious follow up questions here:

First, to answer your question, my EAD is an employment based EAD.

Her company is filing under EB2. Since she is an Indonesian citizen (born and otherwise), her priority date is going to be current.

Q1) I'm guessing if we're married before we file for her I-485, I can be included in her application - please confirm.

Q2) In case she wants to quit (or gets laid off) and not work for a few months, can she do us so the spouse of an EAD holder? To be able to return to work, does she have to get an H1B or can she apply for an EAD as my wife?

Again, really appreciate any direction/help. I'm trying to meed a lawyer soon, but if I can get some direction in the meantime, this will be a lot less stressful.

Thank you so much!

[peace999]

Ok . you did not mention she was EB2 in your original post , I assumed she was EB3 as well.

yes, you are correct her priority date will be current. And you can add your name to the petition after marriage and before I-485.

Q2 is not clear. You mean she stops working as an H-1b while her I-485 is in progress? She has to maintain a legal status till she gets her green card
via EB2. If she stops working she will lose her H-1b status and become out of status.

also, I am wondering how can you have an employment EAD for 7 years. temp work visas like H-1. L-1 do not require an EAD.
Are you an asylee /refugee with a pending adjudication?