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H1B_boy

GC - EB3- Spouse on H1B

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Hi,

 

Currently I am on H1B in US. I have 3 more years for extension.

My employer has starting processing for GC in EB3.

 

My question -

 

1. My spouse is also on H1B in US.  Has 3 more years for extension.

2. Spouse's employer as of now is not going to start GC processing.

3. But my employer has starting GC processing for me in EB3.

 

4. Is there a way through which I can include my spouse in my GC process so that in future when I will get H1B extension after 6 years, spouse can also get H1B extension.

 

5. Or there is no way spouse can be linked to my GC for getting H1B extension after 6 years in US on H1B.

 

Also, let me know if below is correct.

 

a. If PERM is approved  - Person normally get 1 year H1B extension after 6 years in US on H1B.

 

b. If I-140 is approved - Person normally gets 3 years H1B extension after 6 years in US on H1B.

 

Is there any wait period after Perm approved to get H1B extension. 

 

Really appreciated your guidance on this. 

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please consult a lawyer.

 

an individual needs an approved I-140 (or pending LC for at least 365 days) to file H1 extension beyond 6 years.

 

in your case, you can do it, but in your spouse's case, spouse cannot do it.

 

your spouse will be a dependent in your GC application.

 

 

Hi,

 

Currently I am on H1B in US. I have 3 more years for extension.

My employer has starting processing for GC in EB3.

 

My question -

 

1. My spouse is also on H1B in US.  Has 3 more years for extension.

2. Spouse's employer as of now is not going to start GC processing.

3. But my employer has starting GC processing for me in EB3.

 

4. Is there a way through which I can include my spouse in my GC process so that in future when I will get H1B extension after 6 years, spouse can also get H1B extension.

 

5. Or there is no way spouse can be linked to my GC for getting H1B extension after 6 years in US on H1B.

 

Also, let me know if below is correct.

 

a. If PERM is approved  - Person normally get 1 year H1B extension after 6 years in US on H1B.

 

b. If I-140 is approved - Person normally gets 3 years H1B extension after 6 years in US on H1B.

 

Is there any wait period after Perm approved to get H1B extension. 

 

Really appreciated your guidance on this. 

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