L1A GC in EB1 category, spouse on H1B

[dmanon]

Hi,

 

I am on an extended L1A individual visa (5th year) and my employer is filing my GC in EB1 category. My wife who initially was on dependent L2 visa, converted her status to H1B and has been working for the same employer for the last 2 years. My employer is saying that they will file both I140 and I485 in parallel. My question is -

 

1. Would my wife's H1B status impact my GC processing since I would want her to be included in the green card processing.

2. Is it recommended that her status be changed to L2 for this GC processing? If yes, can it be done in parallel with the GC processing?

 

Would appreciate if someone can answer these questions.

 

Thanks,

dmanon

[omshiv]

1) Your wife's H1B status would NOT get impacted by GC filing. Your wife would just need to fill out her own I-485 form.

 

2) Not needed to change to L2.

[shandan]

Her H1B status should not be of any issue, she can continue to be on H1B and can file for her I-485 as your derivative.

[pontevecchio]

1. NO

 

2. NO

[dmanon]

Thanks a lot for confirming.