I-140/485 for dependants

[indgc123]

I'm expecting my LC approval from NY DOL in next 2-3 months and have a question regarding concurrent filing of I-140/485( EB2) submission.

In order to include my wife in my GC process, does she have to be my dependant (i.e H4 visa)? Currently, my wife is on H1B working for a different employer than mine. Can I add her to my GC process without changing her status to H4?

I appreciate if somebody clarifies it.

Thanks
ind

 

[CaliGC]

Not Necessary to change status.

Your wife can be added as a dependent for I-485 no matter what her status is. But, she has to be in USA while filing because the I-94 number in which she arrived into US will be asked for filing.

Hope this helps!

 

[indgc123]

Thanks CaliGC.