H1B extension of spouse based on my pending labor certification

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worrieddude

Registered Users (C)
My labor certification is in the backlog center and still pending from April 2004. I am on the 7th year extension.

My wife is completing 6 years on her H1B in december. Will a H1B extension filed for her using my 45 day work?

Please respond. Need to decide what to do at the earliest.

Thanks in advance.
 
Sailing in same boat

Hello,

I am also sailing in same boat. I asked my immigration authority. Attorney said, most of the time, USCIS rejects spouse H1B extension, but attorney did say that there are very few cases where spouse H1B extenstion based on your labor application will be approved.

But I did receive any concret answer.

Please update me when you get to know some more information on this..

Hope that helps...
 
Any proof from attorney regarding this?

Could the Attorney give you any concrete evidence regarding this H1B extension. Could you talk to the person for whom this was done?

I want to ensure that this will not fail in the last minute. Also in those few cases where this was approved, what was special about the case to get the approval?

Thanks
 
Am in a similar boat and found this online:
Begin quote ....
In case the spouse of the H-1B alien also carries a H-1B visa status and reaches the 6-year limit at the same time when the principal H-1B alien who filed for labor certification application reaches the 6-year limit. The accompanying H-1B spouse can NOT extend her/his own H-1B status beyond 6 year limit in the event that the principal alien labor certification H-1B alien becomes eligible for the 7th year extension of H-1B status based on the 365-day rule under DOJ Authorization Act of 2002 and AC 21. However, the spouse can file I-539 to apply for change of status from H-1B to H-4 along with the principal spouse's 7th year extension petition and USCIS will approve such application for change of status to H-4 even beyond the H-visa status limit of 6 years. In other words, the H-1B accompanying spouse cannot extend his/her own H-1B status beyond 6 years but can change the status to H-4 and remain in the country beyond six years until the green card is adjudicated. In all these cases, the aliens should maintain valid H-visa status without violations.
end quote...
http://www.immihelp.com/visas/h1b/beyond6.html
 
Thanks for the clarification.

I appreciate your response. The lawyer was stating that this is possible. But before wasting more time and money in this process I wanted to clarify and pursue other option of getting a pre-approved labor for her and extend her H1B status based on this.
 
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