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H1B 7th year extension and spouse's I140

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  • H1B 7th year extension and spouse's I140

    My H1B will max-out in Feb 2020. My employer is planning to file my Perm in the next 2-3 months and assuming it takes 8-10 months for Perm approval, Perm will get approved by July - Aug 2019 and I140 can be filed thereafter. If I140 does not get get approved by Feb 2020. Can my H1B be extended for a year on the basis of the approved Perm, although it would not be 365 days past since I140 filing at that point of time?

    Also, my husband has his I140 approved, is it of any use to my green card filing process, as in can I get myself added to his I140 and will it be of any advantage to me?

  • #2
    Originally posted by Natasha1 View Post
    My H1B will max-out in Feb 2020. My employer is planning to file my Perm in the next 2-3 months and assuming it takes 8-10 months for Perm approval, Perm will get approved by July - Aug 2019 and I140 can be filed thereafter. If I140 does not get get approved by Feb 2020. Can my H1B be extended for a year on the basis of the approved Perm, although it would not be 365 days past since I140 filing at that point of time?

    Also, my husband has his I140 approved, is it of any use to my green card filing process, as in can I get myself added to his I140 and will it be of any advantage to me?
    I140 is specific to an employer and an employee. As such your husband's I140 has no bearing on your case. However, during I485 filing either of you can be added to the other's petition as dependents.
    Just an opinion; Not legal advice.

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