Separate Greencard applications in the family

[deep_bi]

Hello,

 

   I have a question on adding my wife in my Greencard processing.She is currently on H1B and near to end her 6 year term by Feb 2016.My priority date is on July 2010.Provided this date wont be current by Feb 2016,should she also apply for greencard from her employer or she can get H1B extension automatically after 6 years because I have PERM.

 

  Please suggest.

 

Thanks in Advance.

 

[pontevecchio]

She will not get extensions because of you. She can certainly ask her employer about processing a GC for her.

[itsmeusa]

She won't get H-1b extension based on your PERM or I-140. She needs to have her own PERM filed thru employer.

[rahul412]

 

Hello,

 

   I have a question on adding my wife in my Greencard processing.She is currently on H1B and near to end her 6 year term by Feb 2016.My priority date is on July 2010.Provided this date wont be current by Feb 2016,should she also apply for greencard from her employer or she can get H1B extension automatically after 6 years because I have PERM.

 

  Please suggest.

 

Thanks in Advance.

 

She is not eligible for H1 ext without her I140 approval.

[Attorney_6]

Right, the USCIS policy/interpretation of the AC21 provisions regarding H1 extensions beyond the six year limitation require that the individual have a qualifying GC case in which they are the primary beneficiary. The USCIS does not interpret the law as providing this benefit to those that are only devivative beneficiaries in the spouse's case.

 

Thus, in this example, the wife's six years of H1 time will end in February 2016 unless an employer sponsors her GC case in time to qualify for the 7th+ year extension(s).