What happens to spouse's GC, who is on H-1B, when my priority date becomes current?

Hi Anil,

Could you help clarify this?

What happens to spouse’s GC, who is on H-1B, when my priority date becomes current? Can I add her to my petition as well? How does this work?

btw, her employer is also filing for GC, but her PD will be in the future.

Thanks!

I don’t understand your question.

Each person’s own i140 can be approved separately. If you want to file her GC when your PD gets current, you can file it even though your wife’s own GC application is pending or i140 is pending or whatever.

Hi Anil,

Thanks for your response. Just to clarify my question: I already have an approved I140 with PD in 2011. What happens to my spouse’s status when my PD becomes current? Can I add her to my GC application (I-485) at that time and we get our GCs together? She is not a dependent from a visa standpoint, so not sure how this works.

Hope this clarifies.

Thanks!