Please help: Filling for wife's PERM when she has EAD as dependent

M

mudbull.syne

Registered Users (C)
Hi

You guys are doing awesome job of helping the rest of us who know or have faced little in this immigration process.

In my case, I have H1B with company A and my wife has H1B with company B. We filed for 485 through my company more than 8 months ago and have already received the EAD and AP for both me and my wife.

My wife's company had promised to file her GC so they want to start the processing now. They are not aware that we already got her EAD.

Now, I want to leave my company and join another company (Company C) using AC21. I have made sure that job responsibilities are similar.

The questions that I have are

1) Can my wife continue to use H1B (given that her 6 years on H1B are not complete yet) when I start using EAD?

2) Can we let my wife's company (Company B) file for her PERM? ( My thought is that this does not harm and will provide back up option in case my GC is denied - God Forbid). However I am not sure of legal implications.

Please advise.

Thanks so much.
 
mudbull.syne said:
Hi

You guys are doing awesome job of helping the rest of us who know or have faced little in this immigration process.

In my case, I have H1B with company A and my wife has H1B with company B. We filed for 485 through my company more than 8 months ago and have already received the EAD and AP for both me and my wife.

My wife's company had promised to file her GC so they want to start the processing now. They are not aware that we already got her EAD.

Now, I want to leave my company and join another company (Company C) using AC21. I have made sure that job responsibilities are similar.
----------------- if YOUR I-140 is approved and I-485 is pending more than 180 days then you are eligible to use AC21
The questions that I have are

1) Can my wife continue to use H1B (given that her 6 years on H1B are not complete yet) when I start using EAD?
-------------------------she CAN remain on H1 status if she dont use EAD and her employer keep extending her H1
2) Can we let my wife's company (Company B) file for her PERM?
-------------------------YES
( My thought is that this does not harm and will provide back up option in case my GC is denied - God Forbid).
However I am not sure of legal implications.
--------------------nothing wrong if company B file her LC/1-40. it has nothing to do with your or her pending I-485. now She has A# that is on her I-485 filing reciept and any form she fill up in future with USCIS she should write her A# if A# is asked on form
Please advise.

Thanks so much.
Click to expand...

------------------------
 
1) Can my wife continue to use H1B (given that her 6 years on H1B are not complete yet) when I start using EAD?

She can continue on her own non-immigrant status like H1 even if you change over to a parolee. If she were on a H4, then the situation would be different.


2) Can we let my wife's company (Company B) file for her PERM? ( My thought is that this does not harm and will provide back up option in case my GC is denied - God Forbid). However I am not sure of legal implications.

Getting started for the labor and I140 separately will not be an issue. When it comes to filing 485, it needs more thought. So, in short, getting started with perm now is not an issue.
 
You must log in or register to reply here.
Top