Dependents - s2045????

Rama Shetty

New Member
My wife\'s 6 years on H1 are getting over. My I-140 is pending for more than a year (EB3). I still have 2 more years on my H1. Will she get an extension based on my I-140 application???

TIA.
 
No Title

I was also thinking about the same. Does the spouse (who may be either on H-1 or H-4 status) get the extension too?. My understanding from reading the Bill is only the GC applicant gets the extension.

They may address this while implementing the bill.
 
No Title

I was given to understand that at the end of 6 yrs. the spouses of Green Card Applicant do not get extension of his/her current Status unless the spouse is on H4 .

To be more elaborate, if the green card applicant applies for Extension of H1(after 6 years) the spouse does not get the extension if the spouse is on H1.

The arguement is that if the spouse is on H1 , He/She is no more a dependent.

How far is this true?

If this is true can the spouses atleast apply for H4 at the time of applicant\'s extension for H1 or will have to necessarily leave the country?
 
No Title

I think you are right. That\'s what the lawyers feel.
 But just look it this way. If the grren card applicant had appliend for 485, the spouse\'s H1 would have been extended even if his/her H1 expires. This New law should also work the same way for I-140 or it absolutely unfair.
 
Top