Working when spouse greencard is under process?

[sajinbabu]

Hello Everyone,

I am working for a Company 'A' (its a consluting company) at company 'B' (end client).

And I am being offered a job at Company B.I am currently on H1.I have 3 year left on my current H1

But company B wont do my greencard.

My wife is working here as a FULLTIME ( say Company C), her company will be filing her green card next year.Company C said they can file my green card as well(I believe this is spouse greencard and I need to pay Company 'C'all the fees & expenses etc).

Question

1. Can I file green card through someother company ( in this case Company 'C') where I am not working?

2. Is it possible for me to work here(after my current H1 expires) when my greencard is under process through Company 'C'?

Thanks in advance

[JoeF]

You seem to be a bit confused.

When your spouse's PD is current, both you and your spouse can file I-485s, you as dependent. That would be your application, so you would pay it directly if company C doesn't pay for it (good employers do.)

If you have an I-485 pending, you can get an EAD which allows you to work.

[sajinbabu]

Thanks JoeF.

So lets say, If my spouse I-140 is approved ( mine as well) before my current H1B expires, can I get another 3 year extension through company A using approved I-140 from company C.

Thanks in advance.

[JoeF]

Thanks JoeF.

So lets say, If my spouse I-140 is approved ( mine as well) before my current H1B expires, can I get another 3 year extension through company A using approved I-140 from company C.

There is no dependent I-140. You can not benefit in any form from your spouse's I-140 from company C.

When your spouse's PD is current, both your spouse and you can file an I-485. Until then, you have to maintain legal status on your own.

That also means that your H1 can not be extended based on an I-140 for your spouse. You only get into the picture when the PD is current and you can file an I-485 as dependent.