Legal Question in Immigration Law in New Jersey

I have 3 questions:

(1)My wife is on H1b as full time Dialysis Rn for 3.5 years with I140 approved (India,EB3 SEP 2007).Her H1b expires on Sep 2013.Her company does not want to file for H1b Extension nomore. I am currently on F1 visa and planning to apply for H1b this year.In case if she has to transfer to dependent status (F2/H4),or F1 (student)VISA will she find any problem in changing immigration status as she has I -140 approved already?

(2)If she apply for student visa(F1), can she represent herself as financial sponsor for her study?

(3) For Me, Can I file my H1B petiton from two different employers? I have heard that I can not file multiple petition in a year.

Asked on 3/11/13, 9:23 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

1) There will not be a problem with the I-140, however she can only be in H status for 6 yrs total & AC21 (for extension of H-1B beyond the 6 yrs) does not apply if she changes to H-4 status. I highly recommend that she find a new employer asap & just have her H-1B "transferred" to the new employer.

2) Not a great alternative, but if she has enough money saved to support you both while she is in F-1 status, then I don't foresee a problem with the financial support issue.

3) Yes, multiple employers can file H-1B petitions for you. What you heard is incorrect.

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Answered on 3/11/13, 10:14 am

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