This is it. I am screwed???
I have a I-140 pending in EB1A (concurrent). Sent in the reply for RFE last week. My employer is applying for my H-1 extension (non-cap category). My wife got a job with the same employer and wants a H-1 though she has an EAD (to play it safe). The employer says H-1 cannot be applied right away. First a H-4 needs to be filed so that she does not go out of status after my current H-1 expires (Dec 31st). During the mid of Jan a premium h-1B needs to be filed. This new H-1 will be approved and she can start to work. But the H-4 filed earlier will get approved in meantime and so she will be back on H-4. Then again a H-1 has to be applied for.
Does this make sense to you all guys. This person at the International Students office is a pain.
Any comments suggestions to how to work this out.
I have a I-140 pending in EB1A (concurrent). Sent in the reply for RFE last week. My employer is applying for my H-1 extension (non-cap category). My wife got a job with the same employer and wants a H-1 though she has an EAD (to play it safe). The employer says H-1 cannot be applied right away. First a H-4 needs to be filed so that she does not go out of status after my current H-1 expires (Dec 31st). During the mid of Jan a premium h-1B needs to be filed. This new H-1 will be approved and she can start to work. But the H-4 filed earlier will get approved in meantime and so she will be back on H-4. Then again a H-1 has to be applied for.
Does this make sense to you all guys. This person at the International Students office is a pain.
Any comments suggestions to how to work this out.