My employer is currently deciding on whether they can file Green Card. I am currently on my H1b visa and my wife is on her F1 visa. Does my wife need to be on H4 before my employer can file my green card and my wife as my dependent? Or can this be done while she is on F1? Do I need any documentation to prove she is my dependent (marriage certificate etc)?
First your employer's attorney should be answering your questions.
Second, or wife's status has no bearing on your application. However if she wants to apply for a green card as an H4 then she needs that status.
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1. "Does my wife need to be on H4 before my employer can file my green card and my wife as my dependent? Or can this be done while she is on F1?"
Your wife does not need to be in any particular non-immigrant visa classification or even be in the USA during the "first phase" of what you call the "green card" process, known as the "Labor Certification Application", which, with the Prevailing Wage Request from DOL, the Recruitment Process and fling & pendency period of the ETA 9089 could take up to a year and a half to complete.
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Can be done while she is on F1. When your process reaches the Adjustment of Status stage, then she will need advance parole before she leaves the US to travel internationally.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
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