GC Filed when spouse is on H4, Now she has H1

junkbond

New Member
My situation is not bright as I am hearing lot of things about filing GC for spouse when she is on H4. My company filed my GC under PERM in 2005, my wife is on H4 Visa at that time. My labor and I140 was approved and I am waiting for I485 which is in retregession before my wife filed H1 visa. Now she filed H1 Visa in 2006, and in H1 Status from october2006. I have questions regarding our GC situation, please respond as it will help us a lot.
1) Should I inform my employer/attorney about my wifes latest H1 status ?
2) When the 485 numbers are available, is the GC still elgible for my wife as well ?
3) If not, should she apply for a fresh GC or what should be the procedure for her to be included in the GC filed by my company ?

Thanks in advance, please help us.

Kumar
 
junkbond said:
My situation is not bright as I am hearing lot of things about filing GC for spouse when she is on H4. My company filed my GC under PERM in 2005, my wife is on H4 Visa at that time. My labor and I140 was approved and I am waiting for I485 which is in retregession before my wife filed H1 visa. Now she filed H1 Visa in 2006, and in H1 Status from october2006. I have questions regarding our GC situation, please respond as it will help us a lot.
1) Should I inform my employer/attorney about my wifes latest H1 status ?
--------------it does not make any diffrence if she is on H1 or H4 she needs to be on on valid status at time of I-485 filing. that is upto you if you want to inform or not to inform

2) When the 485 numbers are available, is the GC still elgible for my wife as well ?
--------------yes, she can file her derivative I-485 when your PD is current

3) If not, should she apply for a fresh GC
-----she can start her GC process if employer is ready
or
what should be the procedure for her to be included in the GC filed by my company ?
---------------when you file your I-485 then file her I-485, EAD AP
Thanks in advance, please help us.

Kumar
 
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