H1B & H4 apply for Green Card - Separately

[Emma Emma 0]

Hi Group Members,

My spouse had H1B 3.5+ years ago. Her company is processing GC for her but it takes too long and the company still has not submitted PERM yet (her prevailing wage is still processing by DOL at Oct 2022), and we don't know when it has been done. Just scared in the WORST CASE that her company may be STOP the hold process because of the Economic depression, WHO KNOWS

I am H4 and I want to apply for EB3. If I do so, does it affect anything to my spouse OR myself when 2 of us are applying for GC at the same time? My visa only has under 2.5 years so does it enough for EB3? Please share your experience and advice. Thank you.

Edited October 14, 2022 by Emma Emma

[Boiler 43,630]

You can both go your own way and then whoever comes up first you go with that one

[Emma Emma 0]

Should She add my name to her document when her company apply GC for her? Or could I ask her into my document when I apply GC UNDER EB3? Please advice. 

I also heard that, when we file I-140 and we got APPROVAL I-140, it mean we are SAFE although your current visa expired, RIGHT?

 

Because I know that when you apply GC, you add your spouse into your document, when you got APPROVE GC, your spouse will automatically got GC. 

Edited October 14, 2022 by Emma Emma

[SusieQQQ 11,584]

3 hours ago, Emma Emma said:

Should She add my name to her document when her company apply GC for her? Or could I ask her into my document when I apply GC UNDER EB3? Please advice. 

I also heard that, when we file I-140 and we got APPROVAL I-140, it mean we are SAFE although your current visa expired, RIGHT?

 

Because I know that when you apply GC, you add your spouse into your document, when you got APPROVE GC, your spouse will automatically got GC. 

What do you mean, “add name”? List each other as derivative spouses? Yes of course.

 

And no, an i140 by itself is just an approved petition. It doesn’t give you any status in the US. Has an i485 been filed? When you say visa expired are you literally talking about the visa expiration date or the i94 expiry date?

Edited October 15, 2022 by SusieQQQ