Can My Spouse on H1-b be included in my GC ?

[alexanderqueinten]

Hi All ,

I am on L1-B Visa .

Spouse is working on L2-EAD .

My Employer is ready to file my Family GC .and Also my Spouse's Employer is ready to file her H1-b . If my wife gets own H1-b , can she be included in our Family GC application ? How does it work ?

[pontevecchio]

"My Employer is ready to file my Family GC"

Then it is an Employment based GC and not a family based GC. If she will be in H1 status she can file AOS when your priority dates are current.

[SameerH1Bworker]

Yes, you can add your spouse in you GC process. When priority dates are current that time you can file I-485 for yourself & your spouse. It doesn't matter whether he/she is on H1 or H4 or any other visa.

I've also started same way, you never know whose priority date will be current(EB2/EB3), so, I started in EB2 & she started in EB3. Whichever dates will be current we'll file I-1485 accordingly.