GC filing through Spouse

[sriharikiran]

Hi All,

I am a fulltime employee on H1b and my company is not going to file my GC. My wife is working on H1 with another company and her company is starting the GC process Jan 2012. They are saying they can add me while filing her I 485. Can this be done if i am on H1b status or do i need to convert to H4 which i don't want to. Appreciate your replies.

Thanks.

[pontevecchio]

You misunderstood. Nobody gets added. Every Adult files their own AOS when the dates are current. You can only be in H1 status for a total of 6 years unless PERM pending>365 days or I-140 approved.

[Attorney_22]

Generally, as the spouse of a green card applicant who is eligible to adjust status, as long as you meet the eligibility requirements for adjustment of status you can concurrently file your I-485 with your principal spouse. Additionally, this can be done while you are in H1B status. If you have additional questions, please contact a qualified U.S. immigration attorney.

[sriharikiran]

You misunderstood. Nobody gets added. Every Adult files their own AOS when the dates are current. You can only be in H1 status for a total of 6 years unless PERM pending>365 days or I-140 approved.

Here my wife is going to file for Labor and I 140. Once the dates are current for her file, i can file for my I 485 concurrently with my wife as principal spouse. am i right?

[pontevecchio]

Yes.