- URGENT PLEASE HELP - H1B Extension beyond 6 years

[shervin143]

As of now, the priority date to file I-485 for people who filed their labor under EB3 in 2002 is current. You might have to wait another 8 year or more or even less than that. You can never predict.

[djayash]

Thanks Shervin. I just added my wife to my GC process in the I140 stage. We both can extend our H1Bs once the I140 is approved right, which I guess would not take more than 6 months under normal process.

[abhayg4]

Hi OP,

You said that you have added your wife also to your GC process and now both of u can extend their H1's??????

GC process is for you /your future employment...how can your wife extend her H1 on the basis of your GC process...she can extend H1 as per her H1 rules and regulations

Thanks and Regards,
Abhay

[djayash]

Hi Abhay,

Once she is added to my GC process, isnt she also eligible for H1 extensions just like me? I thought we cld do that...

[shervin143]

Your understanding is wrong. Adding your wife to your GC will get her the GC when your GC gets approved. However, her H1B cannot be extended beyond 6th year based on your GC. She need her own labor (approved or pending for 365 days) or I-140 filed/approved to get an extension beyond the 6th year limit.

Hi Abhay,

Once she is added to my GC process, isnt she also eligible for H1 extensions just like me? I thought we cld do that...

[djayash]

Hi Shervin,

I am adding my wife to the GC process on the before the I-140 is filed. So, my understanding was the I-140 approval would be for both of us and thus enable us to extend our H1B. Am I mistaken here?

[shervin143]

I-140 will be filed just for you and your dependents will be added to it. The approved I-140 will be just for you. Green card is for future employment. Your employer is filing the GC (Labor/I-140) for you providing proof to USCIS that they have work for you even after the 6th year limit on H1B. So the 7th year extension is done based on your approved I-140 filed by your employer.

So for your wife to extend her H1B beyond 6th year, her employer will need to file the labor/I-140 stating that she will have enough work even after the 6th year. You cannot extend her H1B using your GC process. Extending H1B is completely related to the availability of work and the proof from the employer supporting that request.

Adding your dependent to your GC process is a privilege, that way they will get the EAD/GC when you get one and they don't fall out of status if they are on dependent status right now. The only way your spouse can work is when she gets her EAD, after filing I-485.

There is a complete forum dedicated for GC in immihelp. You will also find more useful information there. Check the menu that reads "Greencard".

Hi Shervin,

I am adding my wife to the GC process on the before the I-140 is filed. So, my understanding was the I-140 approval would be for both of us and thus enable us to extend our H1B. Am I mistaken here?

[djayash]

Hi Shervin,

Is it possible for my company attorney to file I-140 for my wife along with mine? Or is it necesarry for her to go through the Labor process before this can be done.

I checked the "Green Card" link but could not find the answers for my questions.

Appreciate any help that you could provide.

[shervin143]

No. Her I-140 cannot be filed without her approved labor.

Hi Shervin,

Is it possible for my company attorney to file I-140 for my wife along with mine? Or is it necesarry for her to go through the Labor process before this can be done.

I checked the "Green Card" link but could not find the answers for my questions.

Appreciate any help that you could provide.

[djayash]

Hi Shervin,

Is there any other option available for her. I have asked her to initiate her GC process. She is on L1A which maxes out 7 years in Sep 2012. If by chance, she gets her I140 approved by that time, can she apply for H1B and extend the same? She would amxout 6 years in Sep 2011.

[djayash]

Shervin,

Would be great if you could answer this for me...

[shervin143]

I am not sure what complications that might create. It is easy if she is already in H1B while filing the 7th year extension.

Some Company Intra transfer Manager and executives (L1A visa holder) does not need a Labor Certification. Check the below link to see if your wife qualifies for this. She can also talk to her company attorney. In which case, she can file I-140 without filing the labor. These days I-140 get approved in 3 months. There is also a premium process available.

https:///eb-1-employment-based-green...nd-executives/

I suggest you post your questions regarding GC in the forum dedicated to Greencard in immihelp. That way, you will get more help from people who have gone through similar experience.

http://www.immihelp.com/forum/forumdisplay.php?f=8

http://www.immihelp.com/forum/forumdisplay.php?f=7

Hi Shervin,

Is there any other option available for her. I have asked her to initiate her GC process. She is on L1A which maxes out 7 years in Sep 2012. If by chance, she gets her I140 approved by that time, can she apply for H1B and extend the same? She would amxout 6 years in Sep 2011.