L1 GC applicant with H1 Spouse - Visa Extension Query

[nishantmenon]

Hi,

Situation:

My wife holds an L1-B visa and her company is about to start her GC processing (Labor filing) soon. I hold an H1-B visa and am planning to apply as a dependent on her GC.

Queries:

1. Is this the best way for us to go ? Or should I be applying for a GC as well and see who gets approved first ? Is that even possible i.e. She applies with me as her dependent and I apply with her as my dependent ?
2. I have 3 1/2 years left on my H1-B. What happens when my H1-B expires in case I have filed for GC as my wife's dependent ? Can I still extend my H1 one year at a time ?

Any thoughts / inputs / suggestions would be appreciated.

Thanks,
Nishant

[txh1b]

1. One does not add a dependent o a GC until the last stage of 485 which can only happen when the PD is current. Until then you and her can have parallel petitions going on.
2. If the 485 is not filed by then, both of you would have to leave the country as L1 does not allow extensions. Without a labor filed 1 yr before H1b expiry, you will not be able to extend as well.