Can I use my Wife's DS140 for my own H1 Visa Extension?

[jatinfrost]

Hi

Me and my wife are working on H1 visa. I'll be completing my 6 years tenure in 2012 and my current employer is not willing to start my Green Card Process. In case of my wife she has still 4 years and her employer is ready to start GC process right away. If she completes her first 2 stages,will that help me in my visa extension.

Thanks
Jatin Vasa

[shervin143]

You cannot file your H1B extension based on your wife's G.C process. Your labor should have got filed 365 days prior to the 6 year end on your H1B for you to get the 7th year extension. Otherwise, after 6 years you should convert to H4 and be a dependent until you get the EAD through your wife's GC process to start working again (or) spend 1 year outside U.S and return back on a fresh H1B with a new 6 year term.