Question regarding I-140/485

[aksmks]

Gurus,

Here is my question:

Me and my wife will be filing for our I-140/485/Advance Parole/EAD in this week. My 6 years on H1B visa will be expring in April 2005. I think I can get my 7th year extension based upon my I-140/485 pending. Now for my wife, she got her H1B visa in March 2000 and her 6 years on H visa are also getting
over next year. Can she get a 7th year extension based upon pending I-140/485, although I am the main beneficiary.

Any replies/suggestions will be greatly appreciated.

Regards
Aksmks

 

[sanjaykapoor]

Gurus,

Here is my question:

Me and my wife will be filing for our I-140/485/Advance Parole/EAD in this week. My 6 years on H1B visa will be expring in April 2005. I think I can get my 7th year extension based upon my I-140/485 pending. Now for my wife, she got her H1B visa in March 2000 and her 6 years on H visa are also getting
over next year. Can she get a 7th year extension based upon pending I-140/485, although I am the main beneficiary.

Any replies/suggestions will be greatly appreciated.

Regards
Aksmks

USCIS makes rules that have no real practical meaning.

In your situation, you are eligible for 7th year H1-B. Your wife is not eligible for H1-B based on your seventh year extension. Her six years would be counted from the day she got H status ( H4 and H1 combined), and she is eligible for her six years.

If your wife has come to US before you did or similar time frame, she has only one option - use H1-B till the end date, and then use EAD.