Can spouse extend H1-B based on pending 485

H

hens4rth

Registered Users (C)
Hi,

I have applied for GC through my company but my wife is nearing her 6th year on H1-B. Both our 485 are pending and our I-140 is approved. So my question is can my wife apply for 3 year H1-B extension instead of 1-year?

We do have EAD's but we don't want to use them for now.

Thanks in Advance
hens4rth
 
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Intuitively, an extension of 1 year should be possible.

H1-B is a dual-intent visa, and your wife has immigrant intent as well. The only difference is that she is probably a derivative applicant and you are primary. However, does not seem to exclude her as ahe meets all criteria:

a) has a valid H1B
b) never used EAD
c) currently has a pending I-485 application of requisite age.

But correct me if I am wrong here, if she is on 6th year, I thought she could get extensions only 1 year at a time, unless rules have changed... I have not been around the forum a long time.
 
niladri30,

thanks. I think if you have LC and I-140 approvied and your 485 is pending due to retrogression then I think you can have H-1B extensions in terms of 3 years.

Is your explanation based on Intution or do you happen to have any references to the same? I would appreciate if you can forward me any references you might have in this respect.

Thanks,
hens4rth

niladri30 said:
Intuitively, an extension of 1 year should be possible.

H1-B is a dual-intent visa, and your wife has immigrant intent as well. The only difference is that she is probably a derivative applicant and you are primary. However, does not seem to exclude her as ahe meets all criteria:

a) has a valid H1B
b) never used EAD
c) currently has a pending I-485 application of requisite age.

But correct me if I am wrong here, if she is on 6th year, I thought she could get extensions only 1 year at a time, unless rules have changed... I have not been around the forum a long time.
Click to expand...
 
Talk to a lawyer, but she should be able to get a 3-year H1B extension if the pending 485 can't be approved because of retrogression (provided that I-140 is already approved)
 
Thanks logicators. Just to make sure you understood my situation ... the I-140 and LC was based on my employment and not my wifes. My wifes application was done as a dependent on mine (she has not LC or I-140). You still think she should be able to get 3 year extension, isn't it?

I'll definitely check with my lawyer but just want to see if anyone knows anything about this.

logicators said:
Talk to a lawyer, but she should be able to get a 3-year H1B extension if the pending 485 can't be approved because of retrogression (provided that I-140 is already approved)
Click to expand...
 
I got a 1 1/2 year extension after completing 6 years (1/2 year for the time i was on H4), my spouse applied for 140. From what my lawyer said, i could get 3 year extension only if i had applied for 140. Dont know what's the real thing.
But i guess u can ask for 3 year extension, and then its up to them to give your wife 3 years or 1 year.
 
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