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  • Please advise us on our situation

    my wife and I are employed by the same company. I am in my 5th year of H1B as of 2012 and she is in her 2nd year. I have more work experience. Company filed PERM on her name since she has much better educational qualifications than I do. PERM was filed March 2012. My status is valid till June 2013.

    Questions:
    *) Assuming her PERM & 140 get approved by June/July/Aug this year, can my H1B be extended based on that approval? OR
    *) Should my PERM be also filed so my H1B can be extended beyond the 6th year (after June 2013) or is it not needed

    Thank you

  • #2
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    • #3
      It depends on what country you or your wife was born in. Please add this detail and also share the catagory (EB3/2/1) that your wife's PERM is aiming for. This info is needed to confirm whether you really need extend H1 or whether you will get green cards by Jun 2013.

      In general though, you cannot extend your H1 based on your wife's I-140. You might have to look for other options (such as changing to H4 status).

      Please add the details I mentioned above, so that we do not have to consider (assume) all position scenarios.
      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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      • #4
        We are proceeding with filing PERM for me as well.

        Thanks everyone for your replies and interest.

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