H1B extension based on I485 pending status

[dpkunnikrish]

I & spouse are on H1B visa with different employers and are soon to max out. Spouse’s green card process has already started and are about to file the PERM. My H1B will max out in Jan 2025. My country of birth is Bahrain and her’s is India. I’m about to start a new job and they would start my green card process. But I assume I would not reach the PERM approval stage by the max out date with my employer’s application with the long delays for PWD and PERM.

1. If my wife’s I140 gets approved, can we both file for I485 ? Or do I have to wait for her i485 to be completed ?
2. Can I extend my H1B beyond the max out date using i485 pending or get an EAD to continue my stay and employment with my employer ?
3. Will an EAD be issued while i485 is pending ?

I’m afraid, I might have to go back to India when I reach the max out date.

 

[newacct]

1. You can both file I-485 if the I-140 category and priority date can file according to this chart, regardless of whether the I-140 is approved or still pending.
2. I believe H1b can only be extended if I-140 has been pending for more than 1 year. You can stay in the US if you have a pending I-485; however, you cannot work after H1b status expires unless and until you get an EAD.
3. Yes, if you apply for it. I-765 for EAD can be applied for free together with the I-485. It takes several months to get, however.