AOS I 485 filling for spouse working on Independant H1

A

aroni

New Member
Hello,

My wife is working on an independant H1B. Her GC processing is also currently going on and is still in Labor in the state.My Labor is cleared and I am about to apply for my AOS/I485 with her as my dependant. Does my wife need to withdraw her labor or can she continue with her process and keep on working on her H1B. She is on her her 7th year extension based on her pending Labor application for more than a year. Does she have to abandon her status and become dependant on me for being eligible for the GC? We want to process her AOS along with mine , without her giving up her H1B status.

Can someone please help and advise.

Thanks
 
aroni said:
Hello,

My wife is working on an independant H1B. Her GC processing is also currently going on and is still in Labor in the state.My Labor is cleared and I am about to apply for my AOS/I485 with her as my dependant. Does my wife need to withdraw her labor or can she continue with her process and keep on working on her H1B. She is on her her 7th year extension based on her pending Labor application for more than a year. Does she have to abandon her status and become dependant on me for being eligible for the GC? We want to process her AOS along with mine , without her giving up her H1B status.

Can someone please help and advise.

Thanks
Click to expand...

I believe she can continue her labor through her employer and at same
time you can file for her AOS. So technically she will be in H1 status
until her AOS is approved provided she maintains her H1 status.

U might want to check this with some experts also..
 
aroni said:
Hello,

My wife is working on an independant H1B. Her GC processing is also currently going on and is still in Labor in the state.My Labor is cleared and I am about to apply for my AOS/I485 with her as my dependant. Does my wife need to withdraw her labor or can she continue with her process and keep on working on her H1B. She is on her her 7th year extension based on her pending Labor application for more than a year. Does she have to abandon her status and become dependant on me for being eligible for the GC? We want to process her AOS along with mine , without her giving up her H1B status.

Can someone please help and advise.

Thanks
Click to expand...

She does not need to abandon her employer's LC. She can process her LC, I-140 independently from your case. At the same time you can add her on your GC processing as dependent. There is no conflict between her employer's GC processing and your employer's GC processing. And no conflict on dependent status too. She can keep her H1 status too.

BTW, as some additional information, LC is not specific to employee (LC never specifies employee's name amd can be used for any suitable employee/future-employee). So she cannot withdraw LC. It's not her LC, but employer's LC. Only employer can withdraw LC.
 
pralay said:
She does not need to abandon her employer's LC. She can process her LC, I-140 independently from your case. At the same time you can add her on your GC processing as dependent. There is no conflict between her employer's GC processing and your employer's GC processing. And no conflict on dependent status too. She can keep her H1 status too.

BTW, as some additional information, LC is not specific to employee (LC never specifies employee's name amd can be used for any suitable employee/future-employee). So she cannot withdraw LC. It's not her LC, but employer's LC. Only employer can withdraw LC.
Click to expand...

yeah, me and pralay have same opinion...hope this answers ur question.
 
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