H1B to Greencard for myself and my spouse

[student1984]

My spouse and I are working in US from last 5 years. Our H1-B visa is going to expire (2nd term) in September 2013. My comapny is going to file my Greencard starting process in July 2012 but my spouse's comapny is not ready to file H1.

I have following questions.

1) If my company file my Greencard when can they add my spouse name in this process?

2) If date does not get current by Sept 2013 for us, can my spouse get extension for H1 (with his current company) after Sept 2013?

3) If my spouse does not get extension, is there any other options we have so my spouse can keep working at current company instead of going on H4 visa (dependent on me)?

[toobrown]

but my spouse's comapny is not ready to file H1.

First of all, I am assuming, you meant that they are not ready to file for his Green Card, right?

Here are the answers to your questions

1. Yes. While filling for AOS (I-485) you can add your spouses' name.

2. No. In order to be eligible for extension, your GC should be in process.

3. None that I can think of.

[redgreenbluee]

please consult a lawyer.

yes, your spouse can apply GC as your dependent applicant.

no, your spouse cannot get H1 extension without her own petition. you on the other hand will be eligible for H1 extension.

she will need to change status to H4 after her H1 expires. if your PD becomes current any time between now and 9/2013 (her H1 expiration), both of you can apply I-485/765/131, with I-765 EAD card, she will be authorized to work.

My spouse and I are working in US from last 5 years. Our H1-B visa is going to expire (2nd term) in September 2013. My comapny is going to file my Greencard starting process in July 2012 but my spouse's comapny is not ready to file H1.

I have following questions.

1) If my company file my Greencard when can they add my spouse name in this process?

2) If date does not get current by Sept 2013 for us, can my spouse get extension for H1 (with his current company) after Sept 2013?

3) If my spouse does not get extension, is there any other options we have so my spouse can keep working at current company instead of going on H4 visa (dependent on me)?