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?
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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
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6 lawyers agree
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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
13 lawyers agree
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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.