If my husband and me both work for the same company have H1B visas, should my employer file for 2 separate green cards or not?

Our employer was going to apply for green cards for us. However, now he has suggested to apply only for 1 of us as an employe and include the other as a spouse. Is this a good idea or do we need to insist on 2 separate employee applications to be on the safe side? What’s the pros and cons of filing together or filing separately?

Asked on November 4, 2014 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It really depends on your positions with the company.  The issues usually can arise with an employment-based petition whereby the employer is not able to establish the financial ability to pay the salary to the employee.  However, if you are both working for the same company that would be an issue in both petitions, if at all.  I think that without that being an issue, one petition would probably be sufficient in your situation.

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