GC process merger and Category Qualification

[RiniKumar]

I have 2 questions:

1. My husband and I are processing our GC separably via each of our companies. We both areon H1B

If my Husband's GC processing reaches the stage where he can add me to his GC and get me an EAD, can I still continue to process my GC via my company or should I merge it with his?

2. My husband holds a masters from a US university. Does this automatically qualify him to file in EB2 category even if his recruitment statement during the GC process states that they need need a bachelor's degree for this position?

Thanks!

[JoeF]

A spouse is never "added" to a GC.

If your spouse's Priority Date is current, both he and you can file I-485s, he as primary applicant and you as dependent.

The same but the other way around if your PD becomes current.

Each I-140 is independent of each other and can continue.

Having an advanced degree doesn't necessarily make the person eligible for EB2. The job requirements determine the category. A person could have a PhD, if the job only requires a bachelor degree, the case would still be in EB3.

Do you have a lawyer? If not, get one. A good immigration lawyer can explain all these things.

[pontevecchio]

1.Yes. Nobody gets added. The derivative spouse applies for AOS on their own.

2. NO. It depends on many factors..say Bachelor's plus five years experience as a prerequisite.