I 140 or I 130, please advice

[drmd]

I am close to five year into my H1b ( Since September 2006 ). I have approved I 130 petition with priority date of October 08 2010. My wife is a Green Card holder since October 2004. She came initially in Dec 2006 for about a month. She then returned to USA after 5 months in June 2006. I suppose her stay will count from Dec 2006. As of now, she has almost 4 years of continuous + 2 months of intermittent stay in the US.

Do I need to apply for Green Card through work ( I 140) to have H1b extension?

[redgreenbluee]

please consult a lawyer.

your timeline is a bit confusing. your spouse can apply USC after 5 years (or 90 days earlier) of GC date if she satisfies naturalization requirements.

see naturalization guide for more details: http://www.uscis.gov/files/article/M-476.pdf

you need to have an approved I-140 (or 365 days old unexpired LC) to be eligible for H1 extension beyond 6 years, having an approved I-130 does not give you any immigration benefits.

Originally posted by drmd:

I am close to five year into my H1b ( Since September 2006 ). I have approved I 130 petition with priority date of October 08 2010. My wife is a Green Card holder since October 2004. She came initially in Dec 2006 for about a month. She then returned to USA after 5 months in June 2006. I suppose her stay will count from Dec 2006. As of now, she has almost 4 years of continuous + 2 months of intermittent stay in the US.

Do I need to apply for Green Card through work ( I 140) to have H1b extension?