Secondary Applicant on I-485 ?

[vedigaurav]

I am on an H-1B with my own employer. My wife's company is sponsoring her green card application. She is also on H1-B.

My questions are:

1) Can I apply as secondary applicant at I-485 stage as I haven't started my GC processing ?
Is it legal or do I have to convert my visa status from H1-B to H4 to apply as secondary applicant?

2) Once I apply as secondary applicant in I-485 on H1-B visa, can I change employer immediately once EAD is granted or do I have to wait for some time to change my employer? i understand that only primary applicant is supposed to stay with current employer for a max of 6 months.

3) What will happen to my H1-B status once I get EAD as a secondary applicant ?

[TheRealCanadian]

Originally Posted by vedigaurav

Can I apply as secondary applicant at I-485 stage as I haven't started my GC processing ?

Absolutely. Most derivative beneficiaries never start their own GC process, since they do not qualify any other way.

Is it legal or do I have to convert my visa status from H1-B to H4 to apply as secondary applicant?

No need. So long as you are in valid non-immigrant status that allows you to adjust (ie. not C or D) you can file an I-485.

Once I apply as secondary applicant in I-485 on H1-B visa, can I change employer immediately once EAD is granted or do I have to wait for some time to change my employer?

You can resign the day your I-485 is received by USCIS, and you can start with a new employer the day you have your EAD in hand.

what will happen to my H1-B status once I get EAD as a secondary applicant ?

It goes away, and you become an adjustee.