Can I add my wife as a beneficiary to my I-140 while she is in F-1, or does she need to change to H-4 status first?

Answer           

The spouse is automatically eligible as a derivative in an employment-based GC case, without regard to the spouse’s status. The spouse doesn’t have to be “added” to the I-140 or I-485. It is an automatic eligibility, and the spouse just needs to file the I-485 once the date is current. No need to change to H-4 to be a GC derivative. (17.Aug.2015)

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