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Spouse eligibility if moves from H4 to H1B

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  • Spouse eligibility if moves from H4 to H1B

    Hi, I lived in US for 4 years and I have my GC processed and i140 approved when I returned to India, my wife is now working and will be processed for H1 process for 2023, will she be considered for family based GC when we travel to US under 2 different H1 visas?
    Please note that my wife is not processed for EAD under my i140 which is approved against my H1.

  • #2
    She does not have to do family-based immigration. As long as you guys married before you get your green card, she is eligible to immigrate as your derivative beneficiary. Are you doing AOS or CP? Is she doing AOS or CP?

    This is my personal opinion and is not to be construed as legal advice.