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Immigration Issues/H1B status and spouse's GC processing

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Question
I will be starting MS degree in Fall 2012 on H4 visa.My husbands GC processing will be starting in Jan 2013.I will be graduating in June 2013 and will be applying for job.My question is do I have to be on H4 status only for my husband to add my name in his GC petition?If I am on H1B status will he be still able to add me on the petition?For us to take advantage of cross chargeability is it necessary for me to on H4 status from the start of his GC process?

Please advise.Thanks.

Answer
Hi,

You are automatically included in your husband's employment-based green card process, no matter what your nonimmigrant visa status in the U.S.

The same principle applies to cross-chargeability; your can be in any nonimmigrant visa status in the U.S.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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