Legal Question in Immigration Law in California

Hi,

My Name is Venkat

I have the following question reg. my wife's status.

1. i applied Green Card in EB3 category, i have my EAD but iam not using it and iam maintaining my H1b for my wife as she is in H4.

2. Meantime my company is processing EB2 for me and is in PERM stage and i have included my wife in the EB2 process.

Suppose if we apply a new H1b visa for my wife and because of the tough situation if that H1b petiton is denied for my wife, will there be any queries or any issues when my wife files I-485/EAD in EB2 . Also will it cause any serious delays or I-485/EAD might get rejected?

Thanks

Venkat


Asked on 8/30/10, 5:38 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

H visa category is independent of the green card process, and as you realize it is important for your wife to maintain nonimmigrant visa status (such as H4 or H1B), esp. if her I-485 has not been filed (presumably because the priority date is not current). If an employer files an H1B petition for your wife and it is denied, she will continue to maintain her existing H4 status. The filing of the H1B petition will not interfere with the existing GC process as H visa status allows for intention to immigrate to the U.S.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 9/04/10, 7:29 pm


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