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spouse EAD after I-140, awaiting priority dates

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  • spouse EAD after I-140, awaiting priority dates

    My wife and I are Indian nationals and we work on H-1B visas.

    My employer recently filed my I-140 (EB2). My wife's employer is unlikely to file for her I-140. We are hoping to secure the GC through my employer.

    My wife's H-1B time runs out in Sept 2013. As per current visa bulletin (Aug 2010), my priority date (Feb 2010) is unlikely to become current until at least 2014.

    If my I-140 is approved, I understand I can extend my H-1B beyond the 6th year, but my wife cannot do the same even if my I-140 is approved.

    Is there any way she can obtain permission to work beyond her 6th year?

    Changing status to H4 (and becoming unemployed) is an option we want to avoid.

    Can someone please suggest a way out?

    Thanks a lot!

  • #2
    look for another employer who can file both h1 as well as gc for her as well if you do not want her to come on h4

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