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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108976
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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We are planning to sponsor an existing H1B employee with green

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We are planning to sponsor an existing H1B employee with green card status. This employee is recently married, and although his wife is not here in the US, she does have a VISA. Can we being the labor certification with her on the application even though she is not in the US yet? Or should we wait till she arrives. She will be arriving in the next 30 days.
Hello again. What is the visa that she has, an H-4?
Customer: replied 3 years ago.

The current visa is H1B

Customer: replied 3 years ago.

Let me check on that actually. I answered too quickly. I am not sure what visa she has but I can find out.

No problem. I mean the spouse. Does she have an H-4 or she has her own independent H-1B?
Customer: replied 3 years ago.

Just got confirmation. She has an H-4 visa.

You would need to include her in anything that is filed for your employee where it asks about family members. In order to file the I-485, though, she will need to be in the U.S. So you can start the Labor Certification Process and even the I-140 while she is outside, but she would need to be in the U.S. to file an I-485 for herself. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!

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