More details to this question:
I am currently on O1 with I-140 approved (EB1B). My wife is on O3 and because of that she doesn't have a work permit. I applied for the H1B and I got selected. If I do a change of status from O1 to H1B, will my wife be able to get a work permit on a H4 visa? Also, will this impact my EB1-B I140 approval. I am currently waiting for the Filing for my green card as it is my priority is not current for I-140. Any help is appreciated.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If you change status to H-1B, your wife should be able to obtain a work permit since you already have an approved I-140 petition. If your H-1B work is along the same lines with the same I-140 petitioner, there should be no impact on your permanent residence. If the H-1B work is with another organization, USCIS may be curious to know whether you actually intend to work for the sponsoring employer upon obtaining your permanent residence. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 20th, 2024 at 1:59 PM