jahcure Posted October 19, 2012 Report Share Posted October 19, 2012 hello, I have a challenge here for you brilliant folks. Based on reading some of the previous responses on other posts i think this one is unique. Currently my spouse and I are both holders of H1B visas. She's 4 years in and i am 2 years in. Since she graduated school she has been employed by company A and this has been her sole place of employment from OPT->H1B (3 years) ->H1B (second term and 1 year in). I was employed at company B for 3 years (opt->opt STEM extension-> 1 year H1B). I subsequently left company B and am now employed at company A, the same as my spouse. They are in the process of filing a green card petition for me and she would be listed as a beneficiary on my application. Here's the question: Since her h1b duration will obviously be expired before we receive the green card, is there any avenue for her to continue employment while it's being processed? I've seen everywhere that the spouse must stop working when their H1B expires, but since we are working for the same company and the company IS filing for us both (her as my beneficiary) could she then continue extending as a result? ** You may now be asking why didn't they just file for her, but as it was explained to her, since she gained all her working experience at that one company, they will have to disregard all that she's aquired (numerous promotions, masters, various certifications and most importantly 7 years working experience) and pit her against entry level applicants when filing her GC application, which would make her chances of success quite impossible since anyone coming out of school would be "qualified". Basically they would not be able to file based on her current skillset and growth, since it was all aquired here. But they can file mine, since i earned most of my experience at another company and transfered in. We are both engineers if that counts for anything. This is the jist of things...thanks for any assistance. Link to comment
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