Hi, Green Card to remove dependency as L2 and continue working.

Asked almost 2 years ago - Atlanta, GA

Our respective employers filed for our H1B visas.

1) Suppose none of us get H1B because of Lottery then can my Wife's Employer apply for her Green Card so that she can continue to work even after her I94 expires? Will she need to go back to our Country unless her GC is approved?

2) If I get my H1B but she does not get her H1B then can her employer apply for her GC and she can continue to work without having a direct dependency on my Visa. I understand that in this case she will have to come on H4, but if before 1st October her Employe rapoply for her GC?

Attorney answers (4)

  1. 13

    Lawyers agree

    Answered . 1. If your wife is in L-1A status, her employer can petition her, and you both can submit I-485s immediately.

    2. Her ability to file for adjustment of status is in no way dependent on the outcome of the coming H-1B lottery.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. 6

    Lawyers agree

    1

    Answered . The answer depends on the category for the GC and whether it is current as we speak

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. 3

    Lawyers agree

    Answered . 1. Apply? Yes most likely. Continue working? Probably not ... there is a waiting list and also a lengthy processing time. A lot depends on how long the I-94 is still good for.

    2) Yes, she doesn't need to be 'connected' to your visa.

    Should you talk to your company's immigration lawyers? YES, absolutely. This is quite complex and a forum like Avvo shouldn't be used to gain information that you can rely on.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. 3

    Lawyers agree

    Answered . 1) L-1B (unlike H-1B) cannot be extended based on filing of PERM/ I-140. If it is L-1A, then GC process makes sense.
    2) If you get H-1B then she will be on H-4. On H-4 she is not authorized to work. Unless the I-485 can be filed immediately and EAD is granted, she cannot work.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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