Can spouse be on H1-B?

[AshuJosh]

My wife have H1-B visa. If I file for Green Card before she complets 6 years of H1-B, will she be able to continue her H1 after 6 years, before I get my Labor Certification? If not, on which visa she can stay here? In what conditions she is allowd to work?

 

[nkm-oct23]

Originally posted by AshuJosh
My wife have H1-B visa. If I file for Green Card before she complets 6 years of H1-B, will she be able to continue her H1 after 6 years, before I get my Labor Certification? If not, on which visa she can stay here? In what conditions she is allowd to work?

She will be able to stay and work beyond 6 years of H1 if you file for I-485 before expiration of her 6 years. Getting Labor Certification alone does not help, you need to apply for I-485. If you are not able to apply for I-485 in time, she cannot stay/work beyond 6 years.

 

[Coolboy]

If she has applied for labor and waiting for more than a year, she can apply for 7th year H1 extension or else she should have applied for 485 as a dependent and get an EAD to work or she can be legally present in US.