H-1 Extension based upon spouse's 140; Child born in USA

Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?

Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.
 

DOL Announces Changes in Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification

[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11954-11956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-104]

-----------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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H-1 Quota still open

Here is the release from USCIS.

April 27, 2009
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated
number of filings for H-1B petitions for the fiscal year 2010 program.
USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated
65,000 cap. The agency continues to accept petitions subject to the general cap.
Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees;

PROPOSED Legislation to Reform H-1B Visa Program

Durbin, Grassley Introduce Legislation to Reform H-1B Visa Program

Thursday, April 23, 2009

[WASHINGTON, D.C.] – Assistant Senate Majority Leader Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) today introduced the H-1B and L-1 Visa Reform Act – narrowly-tailored bipartisan legislation that would reform the H-1B and L-1 guest-worker programs to prevent abuse and fraud and to protect American workers.