Also can be stay in the country when his case is pending?
The immigration lawyer working for your H-1 employer should be able to give you the information you need.
It will probably include:
1. copy of your employer's I-797
2. your I-94 showing H-1B status
3. letter & pay stubs confirming employment
4. marriage certificate (translated if necessary)
5. proof that he obeyed his F status (this varies from case-to-case .. transcript, I-94 & I-20 forms at the minimum)
6. Filing fee & other information/documents listed on the instructions
See ,,, it isn't as simple of a process as you assumed.
Meeting with an attorney is a very, very, very wise thing to do.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The list and advice by Attorney Capriotti is good. Your spouse should be meeting with an immigration attorney. Your spouse may also stay in the US while the application is pending if it is filed while in status at the time of filing.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.