Question for GURU's

[putti]

First question:

If one has H1-B status and his wife is in h4-b status and going to expire in 6 months. Company filed for labor and its pending for more then one year can he stay in the us legally because his labor is pending for more then one year?


Second question:

In case of pending I-485, if wife uses EAD still the primary is on h1-b visa doers this means primary is on h1-b visa Or no more h1-b visa?


Thanks!

 

[dsatish]

1) To stay legally, you need either unexpired H1 or I485 receipt. If LC is pending for more than 1 yr, then you are eligible for 7th year H1 extention. That won't come automatically. You need to apply for that.
2) Even if your wife used EAD, you will still be considered as H1 person as long as you don't use EAD.