LC/GC process underway - Spouse H-1B expiring

[osamu-sam]

Hello,

I\'m a H-1B holder, and waiting for the LC decision during the next few months. My spouse also has H-1B, but her VISA is reaching its 6th year limit on March, 2003.

I am concerned that GC process won\'t complete before her H-1B expires.

Assuming everything goes well with LC/GC process, can she extend her H-1B at some point, since she will be applying for GC as my spouse?

Appreciate your comments on this.

Thanks - Sam Y.

 

[mcpost]

It depends

She may be eligible for H1-B 7th year extension with her own GC petition through her employer given that she meets the conditions outlined in AC21. Another possibility is if she had taken trips outside US during her 6 years on H1B, she may be able to extend by re-capturing those time outside the country. I believe technically she had to be off company\'s payroll on those trips in order to qualify.

If the above fail, she may be able to work using EAD instead. This is only possible if your I-140 is approved and her AOS filed by the time her H1-B expires.