immigrationQuestion.com
Posted 5 months ago
Antoine Hughes
Answered 5 months ago
Your spouse may qualify for lawful permanent resident status as a derivative beneficiary if you are pursuing a green card through an employment-based category while maintaining valid H-1B status.
Rochelle Cooper
Answered 5 months ago
If you're applying for a green card through your H-1B employment, your spouse can be included in the process as your dependent. This means they may be eligible to apply for a green card based on your approved petition, as long as your application falls under an employment-based immigrant category and your relationship is legally recognized.
Marlon Patterson
Answered 5 months ago
Yes, your spouse can apply for a green card as your dependent if you are applying for one through H-1B status. Once your Form I-140 is approved and your priority date is current according to the visa bulletin, your spouse can file Form I-485 as a derivative applicant. This allows your spouse to adjust status and obtain a green card based on your employment-based petition.