I-140 Adding spouse name

[legal_immigrantuser]

Hi,

 

I recently got my labor certified and now in the process of applying for I-140. My wife is currently on OPT and we're hoping her H-1 gets picked in this year's lottery. Questions I have is

 

a) My immigration company wrote to me they would me mentioning my wife's name on the I-140 application and then add her to the 485 application - Question 1) Can I skip mentioning her name on the I-I140 application and instead just add her name directly on the 485 application? The reason why I want to do this is if her H-1B gets picked in the lottery this year, I would like her GC process to be independent of mine.

Question 2) The other scenario is if I do have her name mentioned on the I-140 application and in the event her H-1B gets approved, would it be okay to not add her to the I-485 application?

 

 

[legal_immigrantuser]

Hi,

Any recommendations on this?

[JoeF]

There is nothing "added" to an I-485. When the PD is current, a spouse can file a separate I-485 based on the primary applicant's approved I-140.

[reddy90]

Hi, I am married on H1 visa and my wife is on F1 visa. My employer is starting my green card process, can I choose not to add her to my green card application? I don't want my green card process  to affect her CPT/OPT/OPT extension application process. She has 5 yr F1 visa stamp on her passport.