Effect of NIW/EB-2 approval on spouse's employment status?

[pata]

What impact does a person's NIW approval have on their spouse's work status?

If the husband has filed for NIW under EB-2 and USCIS has approved his I-140 application, then that means he is currently in limbo waiting for his priority status to become current.

Once his priority status becomes current, he can file for I-485 to get his actual green card, and then he and his spouse would both get EAD cards, which would allow them both to work for any employer.

This wait time for Indian citizens is about 5 years for EB-2. During this wait time, the husband can keep renewing his H-1 visa every 3 years, indefinitely.

But what about the spouse during this waiting period - does the husband's NIW approval have any impact at all his wife's status? Will the wife also be able to indefinitely renew her H-1 every 3 years?

Hope I'm making sense!

 

[baikal3]

What impact does a person's NIW approval have on their spouse's work status?

If the husband has filed for NIW under EB-2 and USCIS has approved his I-140 application, then that means he is currently in limbo waiting for his priority status to become current.

Once his priority status becomes current, he can file for I-485 to get his actual green card, and then he and his spouse would both get EAD cards, which would allow them both to work for any employer.

This wait time for Indian citizens is about 5 years for EB-2. During this wait time, the husband can keep renewing his H-1 visa every 3 years, indefinitely.

But what about the spouse during this waiting period - does the husband's NIW approval have any impact at all his wife's status? Will the wife also be able to indefinitely renew her H-1 every 3 years?

Hope I'm making sense!

My understanding of the AC21 implication in such a case (see http://www.immihelp.com/visas/h1b/h1b-visa-extension-beyond-6-years.html ) is that your wife can only use the derivative AC21 benefit in the situation you describe if she applies for an H4 visa, as your dependent.

If she wants to have an H-1 visa, then the approval of your I-140 does not help her in any way and does not allow her to extend the validity of her H-1 visa beyond the 6 year period.