When to add Spouse in my GC process if she is also in H1B visa

[adam1]

Me and my wife, both are in H1B visa. Both have 2 years left in our H1B and we work for different employers.

 

My employer has started the GC process for me and the PERM is in progress now. I am waiting for DOL to get back with prevailing wage determination.

 

Questions:

1. If I add my wife to my GC process as dependent, could she still continue working on her H1B visa ?

 

2. If she can continue working on her H1B during the GC process, how long can she work ?(can her H1B be extended after she completes 6 years in her H1B - as she is in my GC process) 

 

3. If she cannot continue working on her H1B once I add her in to my GC process, when is the best time to add her in my GC process.

[pontevecchio]

Nothing gets added. When the PD is current your spouse can file for AOS . She is not in your GC process. She can work for the usual time in H1 status and any longer period would be based on an I-140 approval etc.

[JoeF]

H1 and GC are independent, so of course your spouse can continue working on H1 even if she is a dependent on your GC.

She can NOT, however, extend her H1 past the 6 years. That is only possible for the primary applicant.

[ashuneel]

Not knowing your country of birth/ EB category for PD movement it seems unlikely that your wife can file AOS in the next  2 yrs along with your application. She needs to have her own GC process started ASAP or use the newly created H4 EAD rule to continue working after 6 years assuming you get your I-140 approved.