H-1B extension after 6 years with AOS pending through spouse

[vvybhav]

Greetings,

My wife started her 1st H-1B in Nov 2010.

In May 2012, she received her EAD/AP after filing I-485 (AOS) along with me, since my priority date became current. I was the principal applicant in this case.

She has not filed for PERM or I-140 independently.

Her 2nd H1-B term of 3 years ends in Jan 2017.

Is she eligible for an H-1B extension in her situation ?

I know she is eligible to work on EAD/AP, but interested in knowing if H-1B status can also be maintained at the same time.

Would appreciate your responses/inputs on this.

Thanks,
VV

[raghvi]

Greetings,

My wife started her 1st H-1B in Nov 2010.

In May 2012, she received her EAD/AP after filing I-485 (AOS) along with me, since my priority date became current. I was the principal applicant in this case.

She has not filed for PERM or I-140 independently.

Her 2nd H1-B term of 3 years ends in Jan 2017.

Is she eligible for an H-1B extension in her situation ?

I know she is eligible to work on EAD/AP, but interested in knowing if H-1B status can also be maintained at the same time.

Would appreciate your responses/inputs on this.

Thanks,
VV

She needs to have her employer file PERM or get I140 approval to extend her H1.

This is my opinion not legal advice.