My husband and I are both in H1B status. I have an approved I-140 and am waiting for my priority date to become current. Can my husband extend his H1B status beyond 6 years based on my approved I-140?

Answer

The laws allowing for H1B extensions beyond the six-year limit are interpreted as requiring that the GC case be filed for the particular H1B worker (not their spouse). So, only the primary gets the benefit of the H1B extensions based upon the I-140 approval. (13.Oct.2014)

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