J-1 waiver and green card


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I recently got a J1 visa to work as a research scholar. My husband who is on H1B is going to apply for his green card on EB1A category (I140/485 filing concurrently). From what I understand, a J1 visa holder who has the 2 year home residency requirement has to get a J-1 waiver before applying for green card. I am yet to initiate the waiver process. I have two major concerns.

1)Could my husband still include my name as spouse in his immigration petition? 

2)If I were to be added later as spouse (family based petition) after he receives his Green card (and after I receive waiver), how long does the adjustment of status take?  Could I work while adjustment of status is pending?  If my J1 expires when adjustment of status is pending, will I be out of status?

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