Answer:

There is no limit on the number of renewals of work authorization for a J-2 as long as the spouse is maintaining their J-1 status.

2) Question:

I am in the U.S. on an H-1B visa. My son is here on an H-4. But he is turning 18 this year. Will he be able to stay in H-4 status once he turns 18?

Answer:

You son will remain eligible for an H-4 up until his 21st birthday as long as you remain in H-1B status, he remains unmarried, and he does not work.

3) Question:

I am a U.S. citizen. I filed an I-130 petition for my sister and my parents in 2007. My parents are now permanent residents and are considering filing an I-130 petition for my sister. Can they file if I already have a petition? If they file will we lose the 2007 priority date?

Answer:

A foreign national can have more than one I-130 filed for them at the same time from different relatives. Your parents can file a new I-130 for your sister and they should, since the wait for a visa for the daughter of a permanent resident is shorter than the wait for the sister of a U.S. citizen.

Your parents will not be able to capture your 2007 priority date with their I-130, so their I-130 will have a 2010 priority date. But your petition will continue to have a 2007 priority date.

4) Question:

I am in the U.S. on an H-1B visa. I have an EB-2 I-485. My wife has been living outside the U.S. so I was not able to file an I-485 for her, but now I want her to join me here. I will run out of H-1B time at the end of 2010. Can my wife still come as an H-4 and can I still file an I-485 for her?

Answer:

Your H-1B can be extended beyond the 6th year once it has been more than a year since either the Labor Certification or the I-140 was filed. You will be able to get one year extensions. Once your I-140 is approved you can get 3 year extensions, even if it has been less than a year since it was filed.

A foreign national is eligible for an H-4 for as long as their spouse is in H-1B status. So as long as you maintain your H-1B status, your wife would be eligible for an H-4 visa.

However, if you applied for an Employment Authorization Document, working on the EAD will stop H-1B status. But just having the EAD does not mean that you are working on the EAD. If you are still working in the H-1B position (and are otherwise meeting the requirements of the H-1B) and you have not executed a new I-9 using the EAD or traveled on an Advance Parole Document, then they would still be in H-1B status. Even if you are no longer in H-1B status you would be able to return to H-1B status by traveling abroad and returning on your H-1B visa or possibly by filing an extension of H-1B status (talk to your immigration lawyer about whether this is an option).

If the DOS visa bulletin has moved back since you filed the I-485 so that a visa is no longer available, then you will not be able to file an I-485 for your wife until a visa is available under the DOS Visa Bulletin for the I-140.