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I-140 doubts about legal status

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  • I-140 doubts about legal status

    Hi,

    Me and my wife are on H1 and work for same company.
    My company is going to start processing my Green Card next month.
    They are filing GC for me and not for my wife. It seems it will take 6-9 months to clear Labour and I-140 in ideal case.
    After 140, Can we both get 7th year extensions on H1 even though Green card has been filed only for me.?
    I want to know how her legal status will be affected after Labour, filing 140 and 140 approved.

    Thanks for your help.

  • #2
    since you are married she will stay legaly on your h1b but she will not be able to work since her h1b will expire. She will have to wait untill you can file I-485 for adjustment of status (if your date is not current) and just then she'll be able to work again. However she cannot extend HER H1b unless there is I-140 on HER name (not on yours) in the immigration. She will be able to stay as dependent on your H1b extention as soon as you file I-140 not labor certificate. Your priority date will be the date you filed for labor cer. not the date you file your I-140. She has to apply for change of status as soon as her H1b visa expire and switch to your H1b. If you get denied the I-140 after the end of the 6th year then you both go home...
    Last edited by Boyan; 03-24-2006, 07:10 PM.

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