Can spouses change their status within labor processing

S

soori14

Registered Users (C)
I am not sure if this is the right place to pose this question but iam on H1b and recently applied for labor. During this GC processing time can my wife change her status.she is on H4 B visa right now and before i get my labor cleared and EAD is issued, can she change her status form H4 to H1.
Please let me know. Also my h1 is getting expired(6 year term) in july 2005, so if she applies for H1 can she get it beyond july 2005(i guess she can).She entered into US in sept 2003.
 
soori14, your wife can change her status at any time until you get your GC without any issues - the LC is mostly for the company even though you are the beneficiary. She can even start using her EAD when you get it, even though you won't be able to as your I-140 may not be approved (assuming you file 140/485 concurrently at current processing times). So she is actually better off than you are!

Also, if she goes on H1, then she will be able to extend until she completes 6 yrs on an H visa. If she remains on H4, then it depends on how long your H1 is valid/can be extended.)


soori14 said:
I am not sure if this is the right place to pose this question but iam on H1b and recently applied for labor. During this GC processing time can my wife change her status.she is on H4 B visa right now and before i get my labor cleared and EAD is issued, can she change her status form H4 to H1.
Please let me know. Also my h1 is getting expired(6 year term) in july 2005, so if she applies for H1 can she get it beyond july 2005(i guess she can).She entered into US in sept 2003.
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