H1B Extensions for both Husband and Wife (We Both Have H1B's)

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ERP_Programmer

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Both my Wife and I have seperate H1B's with seperate companies. However my Wife's company has been filing all the GC Paperwork on our behalf. I have just been filing the basics to keep my H1B Current. We are both on our second H1B.

We have received our approvals for our I-140, but we are stuck in Regression with a Date of 4/2003 for our I-485. (So close yet so far).

We know that my wife can file an extension and it will most likely going to get approved. While we wait for the EB3 World to become current.

However, I want to still work and file an extension for my H1-B. Can I file a seperate extension and basically reference her paperwork.

My H1B expires in Dec 2007 my wifes in early 2008. Let me know what you think.

Thanks
 
ERP_Programmer said:
Both my Wife and I have seperate H1B's with seperate companies. However my Wife's company has been filing all the GC Paperwork on our behalf. I have just been filing the basics to keep my H1B Current. We are both on our second H1B.

We have received our approvals for our I-140, but we are stuck in Regression with a Date of 4/2003 for our I-485. (So close yet so far).
Do you both have I-140 approved? It sound like I-140 is approved for your wife for her future job by her company. If the latter is the case, then you can file I-485 when your wife files for her I-485.

We know that my wife can file an extension and it will most likely going to get approved. While we wait for the EB3 World to become current.

However, I want to still work and file an extension for my H1-B. Can I file a seperate extension and basically reference her paperwork.
No. You can only file H4 based on her H1 extension. You need to have LC or I-140 in your name to have H1 extended beyond 6 years.

My H1B expires in Dec 2007 my wifes in early 2008. Let me know what you think.

Thanks
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No I do not have my own I-140, only she has an I-140.

I work for a pretty small company and we do not think an I-140 would be approved for me since they would have to all the job posting and stuff. The job might actually get filled. But the plan was for her to file the I-485 (with my name in the document) and I also get aGC because I'm the spouse. Of course our lawyers are with Her company so their main concern is that she is working, not if I'm working.

I do not want an H4, that means I cannot work and keep my current job. I actually like this job and do not want to loose it. I have had my Own LC's for my two H1B. Can I just file another LC in December, then file for an H1B extension? Would that work, or even be approved?

Thanks
 
ERP_Programmer said:
No I do not have my own I-140, only she has an I-140.

I work for a pretty small company and we do not think an I-140 would be approved for me since they would have to all the job posting and stuff. The job might actually get filled. But the plan was for her to file the I-485 (with my name in the document) and I also get aGC because I'm the spouse. Of course our lawyers are with Her company so their main concern is that she is working, not if I'm working.

I do not want an H4, that means I cannot work and keep my current job. I actually like this job and do not want to loose it. I have had my Own LC's for my two H1B. Can I just file another LC in December, then file for an H1B extension? Would that work, or even be approved?

Thanks
Click to expand...

LC = Labor Certification (for Green Card)
This is not same as LCA for H1B.

You may apply for H1 extension for time you sent outside US since first entry on H1-B. What is your first entry date for H1-B? (Or Chnage of Status date, if is US)
 
desi3933 said:
LC = Labor Certification (for Green Card)
This is not same as LCA for H1B.

You may apply for H1 extension for time you sent outside US since first entry on H1-B. What is your first entry date for H1-B? (Or Chnage of Status date, if is US)
Click to expand...


Sorry your right, I keep getting those mixed up.

I do not have the acual paperwork here but sometime in 2002, I'm not sure of the actual date bacause I was on a TN for 3 years before moving to a H1B.

However I did miss out on 6 months on my first LCA Because my boss messed up my dates. So my first H1B was really for 2.5 years and the second was issued for 3 years.

But I could recapture say 2 months of being out of the country (For vacations) in the last 5+ years.

Can I recapture the 6 months lost on the first LCA Plus the 2 months out of the country. How would I get about that.

Thanks
 
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ERP_Programmer said:
Sorry your right, I keep getting those mixed up.

I do not have the acual paperwork here but sometime in 2002, I'm not sure of the actual date bacause I was on a TN for 3 years before moving to a H1B.

However I did miss out on 6 months on my first LCA Because my boss messed up my dates. So my first H1B was really for 2.5 years and the second was issued for 3 years.

But I could recapture say 2 months of being out of the country (For vacations) in the last 5+ years.

Can I recapture the 6 months lost on the first LCA Plus the 2 months out of the country. How would I get about that.
Yes. Just explain, like here, in cover letter that you are on H1 for 5 years and 4 months and you should be able to extend H1 for another 8 months.

Thanks
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