H-1 6 years expiring for spouse

[viranj]

Hi! guys

I have filed for my 7th year extension of H1 B on the basis of my LC being pending for more than a year now. Next year ( June 2005), my wife, who is currently on H1B, will complete 6 years of her H visa and she will need extension of her H1B status. No seperate LC has been filed for her by her employer and she is a beneficiary in my GC process.

Could anyone please advise me whether she will get extension on her H1B in this situation?

 

[ginnu]

Hi! guys

I have filed for my 7th year extension of H1 B on the basis of my LC being pending for more than a year now.
Next year ( June 2005), my wife, who is currently on H1B, will complete 6 years of her H visa and she will need extension of her H1B status.
No seperate LC has been filed for her by her employer and she is a beneficiary in my GC process.
----- if only LC has been filed for YOU and is pending for 365 days (and no I-140 or I-485 is filed by you and your dervaltive spouse) then you will get 7th year H1 and she can not extend H1 based on your LC
Could anyone please advise me whether she will get extension on her H1B in this situation?
-- She will NOT get H1B extension as NO LC is filed or pending for her. but if your LC gets approved then your employer files I-140 and you file your I-485 EAD AP and she also files I-485, EAD AP as your dervative spouse then she can stay and can work when her EAD gets approved