Urgent help -- Whether to include Spouse (on F1 OPT) in my I140 (GC) or not?


Need your valuable suggestion. I am on H1B Visa (total time on H1B is 2 years) working for one of the USA IT MNC. My wife came to USA even before me on F1 Visa. She completed her MS in one of the top university and is working for a USA IT MNC on F1 OPT. Her H1B is not picked up in lottery this year and she has 2 more chances. Her company will do GC for her, once H1B is picked up (may be next year). So we both are on different visas (from day 1) and no way dependent on other.

My company started my GC process an year ago and the PERM is approved. I have been asked to submit the documentation for I140. Now the problem is,

  1. Do I need to include my wife in I140 details?

  2. I would like to have two separate GC processes to go on (one for my wife and other for me with our respective companies) and take advantage on who ever gets GC first. Also even in case one lost job for unforeseen reasons, other’s GC will go on. Is that a good idea?

  3. There is a section in I140 documentation asking – “Is your spouse applying for Adjustment of status with you?” – what does this mean?

Any info/suggestion on this is highly appreciated. Thanks in advance.

Warm Regards,

H-1 is becoming increasingly unpredictable with each passing year, and so it is better to rely on what you have clarity on.

IMO, you should include her in your GC application. This way you can avail faster GC in case PDs start moving forward at an expedited rate. In worst case scenario, her H-1 is not picked-up in next 2 chances and then she would have to move to H-4 on your visa.

Even though you have included her in your GC application, she can have her own GC process whenever her employer files one. At that time, she can also include you as a dependent. Whoever is EB-2 will get it faster; if both are EB-2 then definitely you will get it faster than her based on your PD.