Wife's H1B expiring in August, company doesn't want to renew. What should my wife do?

[paulness15]

Hi,

Hoping somebody can help out with some advice here.

Current visa situation
My wife is on her own H1B visa sponsored by her company, it expires in August. However they are reluctant to renew it.
I am currently on an freshly renewed E-3 visa, full 2 years left before expiry.

Current green card situation
I have been told by my company lawyer that the I-140 has been applied for (for myself only) that was about 5 months ago. The I-485 has not been applied for yet, both my wife and I will have to file separate I-485 applications. I hope I can get the information I need to file I-485 for my wife.

As far as I can tell her options are the below:
* Apply for E-3D and EAD by herself will she be able to continue her employment without any gaps this way?
* Apply for I-485 now, hope to get EAD before August?

I'm stumped on what to do here, unsure on the rules. Anybody have any advice?

[scientist2016]

I140 is applied for the employee only. So your employer will not file I140 for your wife. I485 for your wife is filed as your dependent i.e., when you are filing your I485, you get to fill separate forms for your wife and kids. So your options are as you mentioned:
(1) Get her EAD as your dependent: File for Change of status from H1 to your dependent
(2) File your I485 (and you get to file your wife's as-well, she being your dependent). As part of the I485 package you can also apply for EAD for all applicants (you as well as your dependents) for free, and your wife can use that EAD. Bear in mind that issuance of the EAD based on your I485 application could take 90 days or longer from your notice date. So you need to plan accordingly, so as to avoid any gaps in employment and legal status.

[paulness15]

I140 is applied for the employee only. So your employer will not file I140 for your wife. I485 for your wife is filed as your dependent i.e., when you are filing your I485, you get to fill separate forms for your wife and kids. So your options are as you mentioned:
(1) Get her EAD as your dependent: File for Change of status from H1 to your dependent
(2) File your I485 (and you get to file your wife's as-well, she being your dependent). As part of the I485 package you can also apply for EAD for all applicants (you as well as your dependents) for free, and your wife can use that EAD. Bear in mind that issuance of the EAD based on your I485 application could take 90 days or longer from your notice date. So you need to plan accordingly, so as to avoid any gaps in employment and legal status.

Can I file I-485 for her, on my own after my company has submitted the I-485 for myself? Do I need any information about my I-140 or my own I-485 submission?
Is it not better to file both at the same time?

Can I apply for the EAD as soon as the I-485 has been submitted?

[E3toGC]

Hi paulness15,

My situation is a little different to yours, but I am adjusting my status from E3 through my wife who is a citizen.

As you decide what to do, I wanted to flag that because E-3 is a non-immigrant intent visa, I've heard stories where people have applied for AOS but then tried to get another E3. In that case the AOS attempt is interpreted as proof of immigrant intent and could hurt your chances for an E3 renewal. If you go the E3D route for your wife, would your I-140 indicate intent?

I don't know if the I-485 route for your wife would be longer, but make sure to look into E3D and if the same "non-immigrant" rules apply. But if you got an E3 without problems after your company sent in the I-140 then maybe she won't have issues either.

Hi,

Hoping somebody can help out with some advice here.

Current visa situation
My wife is on her own H1B visa sponsored by her company, it expires in August. However they are reluctant to renew it.
I am currently on an freshly renewed E-3 visa, full 2 years left before expiry.

Current green card situation
I have been told by my company lawyer that the I-140 has been applied for (for myself only) that was about 5 months ago. The I-485 has not been applied for yet, both my wife and I will have to file separate I-485 applications. I hope I can get the information I need to file I-485 for my wife.

As far as I can tell her options are the below:
* Apply for E-3D and EAD by herself will she be able to continue her employment without any gaps this way?
* Apply for I-485 now, hope to get EAD before August?

I'm stumped on what to do here, unsure on the rules. Anybody have any advice?

[scientist2016]

Can I file I-485 for her, on my own after my company has submitted the I-485 for myself? Do I need any information about my I-140 or my own I-485 submission?
Is it not better to file both at the same time?

Can I apply for the EAD as soon as the I-485 has been submitted?

You would submit I485 for all your dependents along with your own I485. Typically if your company is fling your I485 they would file for your dependents too at the same time. You can apply for a EAD as well as advance parole, for free, along with your I485. Their fees are included in the I485 fees. Your I485, and the I485 for each of your dependents is treated as a separate case, and you get to apply for EAD & AP with each of those cases for free.