sandeep81 Posted July 15, 2011 Report Share Posted July 15, 2011 Hi, Me and my wife are working for the same company. Currently we are on work visas. We are going to file for Green Card. Should we ask the employer to file GC for us independently? Is there any way to file a single petition for both such that both of us can keep working? Any pointers would be greatly appreciated. Link to comment
Attorney_19 Posted July 17, 2011 Report Share Posted July 17, 2011 Both a husband and wife can eventually get their green cards based on an I-140 petition for immigrant worker filed on behalf of one spouse. The I-140 Beneficiary is the principal applicant in the green card case. Nevertheless, the spouse can derivate benefits from the case by filing the I-485 applicant together with the principal applicant when their priority date is current. Link to comment
Attorney_19 Posted July 17, 2011 Report Share Posted July 17, 2011 Having a labor certification and I-140 petition filed on behalf of one spouse can allow that spouse only to extend the H1B beyond the 6th year. The other spouse would need to have his/her own labor certificaion and I-140 petition in order to extend his/her H1B status beyond the 6th year. Link to comment
sandeep81 Posted July 19, 2011 Author Report Share Posted July 19, 2011 Thanks for the information. So for my wife to be able to extend her work visa based on green card filing, we will need to file independently for botth of us? Link to comment
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