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.
I started my GC processing in November 2005 through Rajiv Khanna’s law firm. He is a lawyer of great standing and has helped me at every point in the whole process. I must mention here that the paperwork done under his guidance has been perfect and I had no inquiries during the process. My PERM labor was approved in 58 days from the date of filing and my I-140 was approved in just 32 days from the date of filing. I found the staff in his office in general and with a special mention of Aruna and Amrita, both of them have been very co-operative. Thanks to rajiv and his staff.