The case of the principal applicant (your spouse in this case) affects derivative beneficiary's case.

I am forwarding this question to my colleagues with expertise in family law, with hope that they can help you or give some ideas.

It is up to your preference (and convenience, most times) on which venue, AOS or Consular Processing. However, if you decide to go through AOS...

The sponsoring employer does not have to be the same employer of H-1B as the processing is intended for future employment. If Company A is okay...

Please consult with an immigration attorney in person to review the NOIR and give you further advice.

You have options to obtain TN-1 Status at pre-flight inspection, border or change of status by petition from your employer.

Once your employer files H-1B for you, your spouse and child(ren) may seek to file H-4 Change of Status together. If, for whatever reasons, you...

The best option will be to wait until the Advance Parole is approved before travelling out of the United States. If your H-1B employment is no...

Once you enter the United States (lawfully) and if you do not plan to travel out of the United States, your authorized stay is governed by your...

Upon denial of Change of Status, you are to leave the United States as soon as possible. Overstay will subject you to 3-year and 10-year bars,...