AoS for MD spouse after principal's I485 approval

[CB200716]

Hi,

Anybody in the situation below ? Thanks !

Husband got GC on Oct. 30 2007, based on immigrant petition I-140 (EB1-1 Alien of extraordinary ability). I-140 was filed in Dec. 2005 and approved in Jan 2006. Wife listed on I-140 (Part 7)

Wife (since 1995) could not adjust, as she needs to complete 3 years in H1B status (2005-2008) after being granted a J1 waiver in 2005 (she is an MD).

Can wife simply adjust status in 2008 (after 3 years in H1B) as a derivative (keep the principal's priority date), or she needs her own immigration petition (I140 or I130) ?

 

[hadron]

Can wife simply adjust status in 2008 (after 3 years in H1B) as a derivative (keep the principal's priority date), or she needs her own immigration petition (I140 or I130) ?

If she is listed on the husbands I140, she can file as 'follow to join' once her waiver is done. No need for her own petition. I believe she needs to file an I485 (or a DS230 for consular processing) and something called 'request for action on approved petition' (to unearth the husbands petition from some salt-mine in utah and send it to the consulate or processing center).

If she is not listed, I am not sure what the process is.