Wife's H1 expiring soon. Husband I-140 approved


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Want to check if wife has any option to enable her to continue her job in US if 6 years of her H1B is about to expire. Her husband's GC is in process and his I-140 is approved. But he will not get GC until his GC date becomes the current date.



Need urgent advice.


Posting for friend.

Your wife should have I140 approved or stay outside the US for one full year.

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husbands GC  process does not include spouse until AOS/CP stage. Wife needs to have her employer file separate GC and get extension on that basis.


Which is a bit too late, as the OP stated that the H1 is about to expire.

She will either have to change to H4, or leave the country. An employer can file a new H1 for her once she has been out of the US for one year.

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