Can H-1 include his non-H4 spouse (F-1) in the EB-1 petition?

junwang

New Member
Hello, Everyone

I am J-1, and applying for H-1 recently. My spouse is F-1 now. Should I apply H-4 for her (change F-1 to H4) now if I will file I-140 after I change to H-1? In another word, can she (F1, not H4) be include in my greed card application as a dependent if I apply green card as H-1 in the future? On I-140, part 7 is about dependent:
"Part 7. Information on spouse and all children of the person you are filing for. Provide an attachement listing the family members of the person you are file for. Be sure to include their full name, relationship, date and country of birth and presne address". According to this statement, it seems that a H-1 can include his spouse even if he or she is not H-4 (like my wife, is F-1) when H-1 apply Green card. But I am not sure. What\'s your opinion?
Thanks
Huang
 
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