S2045- No extension for Dependents?

[Ben]

I was given to understand that at the end of 6 yrs. the spouses of Green Card Applicant do not get extension of his/her current Status unless the spouse is on H4 .

To be more elaborate, if the green card applicant applies for Extension of H1(after 6 years) the spouse does not get the extension if the spouse is on H1.

The arguement is that if the spouse is on H1 , He/She is no more a dependent.

How far is this true?

If this is true can the spouses atleast apply for H4 at the time of applicant\'s extension for H1 or will have to necessarily leave the country?

 

[Siddhartha Jain]

No Title

If the spouse is on H1 then how is he/she dependent???

H4 is a dependent visa, not H1. The spouse should be able to apply H1 extension or even Greencard independent of the other.

 

[Ben]

No Title

As a beneficiary of the spouse\'s Green card process can\'t he/she
get his/her H1 extended?
thanks,
Ben

 

[inders99]

No Title

I think we do not know the answer yet, let INS or AILA come out with some ans to that.