Spouse in 6th Year H1 - Can be added to GC ?

[TheTars1979]

Hi,

My spouse will start 6th year in H1-B in 2 months. Spouse's employer is not going to file for GC and hence he cannot extend H1-B after 6 year.

On the other hand I am on my second year of GC and my employer is willing to file me in EB-1. If for some reason my I-140 is approved 2 months before Spouse 's 6 year expires. Can spouse be added to I-485 application?

can you tell me what are conditions under which my spouse may be denied to be added to my GC application if status of spouse is 6th year in H1 with no GC application.

Thanks

[pontevecchio]

Any time you have an approved Immigration Petition and the dates are current your spouse can file for AOS if she is present here in status.