H-1B extension for spouse, possible?

[iimmigrant]

Hi,

My spouse and I are both on H-1B status. We are filing I-485 and I-765 (E-3). She is filing based on PERM, and I'm filing based on, her filing her I-765 (beneficiary??).

I know that she can extend her H visa, while her applications are pending, my question is, can I also extend my H-1B based on my applications pending (visa numbers are available)?

Problem is that my H-1B is expiring in about 80 days, and I would rather not wait for EAD, to maintain my current employment.

What options do I have?

Thanks for any suggestions.

 

[ginnu]

Hi,

My spouse and I are both on H-1B status.
We are filing I-485 and I-765 (E-3). She is filing based on PERM, and I'm filing based on, her filing her I-765 (beneficiary??).
------------------------ Not clear. do you mean that She is filing her I-485 based on her LC and you are filing your I-485 as Derivative
I know that she can extend her H visa, while her applications are pending, my question is, can I also extend my H-1B based on my applications pending (visa numbers are available)?
---------------- If no LC is approved or pending more than 365 days Or no I-140 is approved for you then you may not be able to extend H1.
Problem is that my H-1B is expiring in about 80 days, and I would rather not wait for EAD, to maintain my current employment.
------file your H1 extension if you are Eligible for H1 extension. Dont depend on HER LC or Her I-140 for your H1 Extension
What options do I have?
------------------------file your H1 extension if YOU are Eligible for H1 extension, I dont know about your LC or YOUR I-140 info
Thanks for any suggestions.

---------

 

[iimmigrant]

do you mean that She is filing her I-485 based on her LC and you are filing your I-485 as Derivative

Yes, and yes.

file your H1 extension if you are Eligible for H1 extension.

My six years will be up in September

Dont depend on HER LC or Her I-140 for your H1 Extension

I'm not sure I have any other choice. wouldn't we both be eligible to file for temporary EAD after 90 days of no I-140 approval?

Her LC was approved more than 365 days ago, but how does that help me? I have never applied for an LC.

 

[ginnu]

if you file your derivative I-485 with your spouse I-485 also file for your EAD.
you may get EAD in 90 days. for more info talk to your lawyer