GC 2nd Stage - Wife's Visa status (H1b Vs H4)

[Kishore660]

Hi,

I am on H1 in the US for past 3 years. My wife joined me on H4 and she recently (Oct 2004)
got her H1 approved.

As far as the GC is concerned, I cleared the state labor and i am expecting the federal to be done in December.

I have a question regarding filing the I140 & I485. I want to know if i can attach my wife as my dependent for ADP & EAD. This is because
she did not got into pay role as the employer (consulting comp) could not find a client for her.

Please let me know what is the best option in declaring her Visa status while filing the I140 + I 485.

Thanks in advance for any suggestions,
Kishore.

 

[rayman6]

re:

Yes, you can still include your spouse in the green card/adjustment based on the fact that you are her spouse. The fact that she is not your "dependent" for visa purposes has no bearing on the green card process.

ps. i read this on a forum. however, u can still chk with ur lawyer. my suggestion is that u shld add her and proceed.

 

[Kishore660]

So what should i add her as 'H4' or 'H1B' or does not matter

So what should i add her as 'H4' or 'H1B' or does not matter. My only problem is if i add her as an H1, she does not have pay stubs as she recently got her H1 approved and do not have client.

Thanks,

Kishore.

 

[Jaggy]

You can add her and you have to declare that she is on H1B status bcos thats what her status is right now after her H1B approval even though she hasnt been paid.

Keep in mind though that if one does not get paid on an H1B then that person is considered to be out of status. Now CIS allows you to file I485 as long as you are not out of status for more than 6 months. Hope this helps.

 

[Kishore660]

180 days grace period for H1's also?

Thanks Jaggy for the reply.

I have all the paystubs and W2's that are required.

Infact i was asking about my wife's addittion as H1 to my GC as she does not have pay stubs since her H1 got approved recently in Oct' 04 and her employer could not find a client for her. That is the reason i thought that i would add her as H4 so that i do not have this pay stubs issue for her.

Does this 180 days grace period applies to her as well.

Also can you provide the link that has this clause about the 180 days grace period? Please reply.

Regards,

Kishore.