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 the end of 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? Are there any alternatives on staying on H1-B visa?

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

Thanks in Advance
hens4rth
 
If her own LC or I140 was filed more than 365 days ago, she can extend her H1 beyond 6 years.
 
I think I did not mention about my wifes status. Well she has no LC pending (never applied for one). She never applied for GC. Now, Can she extend based on a pending 485 with now LC or I-140?

GotPR? said:
If her own LC or I140 was filed more than 365 days ago, she can extend her H1 beyond 6 years.
Click to expand...
 
There is no H1 extension based on I485 pending. H1 extension should be based on LC or I140 application.
Your wife needs to use EAD to work after H1 expiration. Her status will be AOS pending.
 
Last edited by a moderator:
GotPR,

Thanks for the clarification.

hens4rth

GotPR? said:
There is no H1 extension based on I485 pending. H1 extension should be based on LC or I140 application.
Your wife needs to use EAD to work after H1 expiration. Her status will be AOS pending.
Click to expand...
 
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