H-1B extension while I-485 pending

I

iimmigrant

Registered Users (C)
Hi,

I have read on some posts that H-1B extension is not possible if the I-485 is pending. Can someone clarify this?
Here is the situation:
LC approved
Spouse also has H-1B
I-485 is filed concurrently with I-765.
Spouse I-485 is filed concurrently with I-765 in a derivative capacity.

Can H-1B (will be 6 years at expiration) be applied for extension? When (if any time rule) and for how long?
What would be the status of the spouse before and after I-485 approval, and should/can a spouse also apply for H-1B extension?

Thanks
 
Hi,
Can H-1B (will be 6 years at expiration) be applied for extension? When (if any time rule) and for how long?
You can extend your H1-B as long as your I-485 is pending with USCIS. Earlier, I was in the same situation and I have extended my H1-B (Note: I had my EAD also).

What would be the status of the spouse before and after I-485 approval, and should/can a spouse also apply for H-1B extension?

if you included your spouse into your I-485, obviously she will also get GC like you after the I-485 Approval.
if you have not included, then she can extend her H1-B (as long as the 6 year term does not come into picture).

Again, i am not a legal person. I am expressing my views above out of my past experience from self and from the forums.
 
Thanks for the reply, but, what would be the status of the spouse if she receives her EAD but H-1B expires (H-1B is also maxed out and LC has never been applied for for spouse, thus chose derivative route)?
 
iimmigrant said:
Hi,

I have read on some posts that H-1B extension is not possible if the I-485 is pending. Can someone clarify this?
Here is the situation:
LC approved
Spouse also has H-1B
I-485 is filed concurrently with I-765.
Spouse I-485 is filed concurrently with I-765 in a derivative capacity.

Can H-1B (will be 6 years at expiration) be applied for extension? When (if any time rule) and for how long?
What would be the status of the spouse before and after I-485 approval, and should/can a spouse also apply for H-1B extension?

Thanks
Click to expand...

If you have I-140 or LC is pending for more then year seventh year extension can be applied ant time before the expiry of the current H1.

You cannot do that on the bases of spouse LC or I-140. It should be your own

For anybody as long as I-485 is pending the status is adjustee or Pending AOS
 
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