Advantages of Both Spouses Filing Independent I-140 Petitions

When couples working in the United States 🇺🇸 on H-1B visas consider their long-term immigration plans, one of the most important choices is whether both spouses should file I-140 petitions independently or rely on just one spouse’s petition. This decision affects H-1B extensions, job flexibility, and green card eligibility. Understanding the differences between these two approaches can help families make the best choice for their situation. Here, we compare both options side by side, looking at requirements, timelines, costs, pros and cons, and practical recommendations.

Introduction to the Options

The I-140 petition, officially called the Immigrant Petition for Alien Worker, is a key step in the employment-based green card process. It is usually filed by an employer on behalf of a foreign worker. When only one spouse files an I-140, the family’s green card process depends on that single petition. If both spouses file I-140 petitions independently, each has their own separate path to permanent residency. This difference can have a big impact on H-1B extensions, job changes, and overall green card eligibility.

Side-by-Side Analysis: Requirements, Timelines, and Costs

Requirements

• One Spouse Filing I-140 Only
  • Only one spouse’s employer files the I-140 petition.
  • The other spouse is usually listed as a dependent (H-4 visa holder).
  • The family’s green card process depends on the success of the single I-140 petition.
• Both Spouses Filing I-140 Independently
  • Each spouse’s employer files a separate I-140 petition.
  • Both spouses must meet the requirements for their own employment-based green card category (such as EB-2 or EB-3).
  • Each spouse can pursue their own green card process, independent of the other.

Timelines

• One Spouse Filing
  • The timeline depends on the processing speed of one I-140 petition and the movement of the Visa Bulletin for that category and country.
  • If the petition is delayed or denied, the entire family’s process is affected.
• Both Spouses Filing
  • Each spouse’s timeline runs separately.
  • If one petition faces delays, the other may still move forward.
  • Both can use premium processing for faster I-140 approval (about 15-21 days), or regular processing (about 7.7 months as of 2025).

Costs

• One Spouse Filing
  • Only one set of government filing fees and legal costs for the I-140 petition.
  • Lower overall cost, but higher risk if problems arise.

• Both Spouses Filing
  • Two sets of government filing fees and legal costs, since each spouse files separately.
  • Higher upfront cost, but provides more security and backup options.

H-1B Extensions: Security and Flexibility

The H-1B visa is usually limited to six years. However, the American Competitiveness in the Twenty-First Century Act (AC21) allows H-1B holders with an approved I-140 petition to extend their H-1B status beyond six years. This is a major benefit for families waiting for their green card.

• One Spouse Filing
  • Only the spouse with the approved I-140 can extend their H-1B beyond six years.
  • If that spouse loses their job or the I-140 is withdrawn, the family may lose the ability to stay in the United States 🇺🇸.
• Both Spouses Filing
  • Each spouse with an approved I-140 can independently extend their H-1B status.
  • If one spouse’s green card process faces delays or problems, the other spouse’s approved I-140 can still support H-1B extensions.
  • This provides a safety net and reduces the risk of having to leave the country due to job loss or petition withdrawal.

Job Flexibility: Changing Employers and Career Growth

Changing jobs can be risky for H-1B holders, especially if their green card process is tied to a single employer. AC21 allows H-1B holders with an approved I-140 to change employers, as long as the new employer files a new H-1B petition.

• One Spouse Filing
  • Only the spouse with the approved I-140 can change jobs and keep their H-1B extension.
  • The other spouse, as an H-4 dependent, may have limited work options and is tied to the primary spouse’s status.
• Both Spouses Filing
  • Each spouse can change jobs independently, as long as their new employer files a new H-1B petition.
  • Both have more freedom to pursue promotions, new roles, or better job offers without risking their immigration status.
  • This is especially helpful in industries with frequent layoffs or job changes.

Green Card Eligibility: Backup Strategies and Risk Reduction

Having two separate I-140 petitions means two independent green card processes. This can be a major advantage for families from countries with long green card wait times, like India or China 🇨🇳.

• One Spouse Filing
  • The family’s green card process depends on a single petition.
  • If the petition is delayed, denied, or withdrawn, the family may lose their place in line.
  • Only one spouse can file the I-485 Adjustment of Status application when the priority date is current.
• Both Spouses Filing
  • Each spouse has their own green card process.
  • If one petition is delayed or denied, the other can continue.
  • Both can file I-485 applications when their priority dates are current, possibly at different times, which can help stagger or speed up green card approvals.
  • If one spouse files under EB-2 and the other under EB-3 or EB-1, the family has more options to move forward if one category’s wait time is shorter.

Pros and Cons for Different Situations

One Spouse Filing I-140 Only

Pros:
– Lower cost (one set of fees and legal expenses)
– Simpler paperwork and tracking
– Suitable if one spouse is not eligible for an employment-based green card

Cons:
– Higher risk if the petition is delayed, denied, or withdrawn
– Limited H-1B extension and job change options
– The other spouse’s work and immigration status depends on the primary applicant

Both Spouses Filing I-140 Independently

Pros:
– Both can extend H-1B status beyond six years independently
– Each spouse can change jobs or employers without risking the family’s immigration status
– Two separate green card paths provide a backup if one process faces problems
– More flexibility for both spouses’ careers and long-term planning
– Each spouse can apply for Employment Authorization Documents (EADs) and Advance Parole for travel when eligible

Cons:
– Higher cost (two sets of fees and legal expenses)
– More paperwork and tracking required
– Both spouses must qualify for their own employment-based green card category

Recommendations for Specific Circumstances

• Families from countries with long green card wait times: Filing I-140 petitions independently is strongly recommended. This gives the family more chances to move forward if one process is delayed.
• Couples where both spouses have strong career prospects: Independent filings allow both to pursue promotions, job changes, or new employers without risking their status.
• Families concerned about job security: Having two approved I-140s provides a safety net if one spouse loses their job or their employer withdraws the petition.
• Couples on a tight budget: If cost is a major concern and only one spouse is eligible, a single I-140 filing may be the only option. However, this comes with higher risk.

Decision-Making Framework

To decide which approach is best, consider these questions:

• Are both spouses eligible for employment-based green cards?
• Is the family from a country with long green card wait times?
• How stable are the spouses’ jobs and employers?
• Is job flexibility and career growth important for both spouses?
• Can the family afford the extra cost of two separate filings?

If the answer to most of these questions is “yes,” then both spouses filing I-140 petitions independently is likely the better choice.

Practical Steps and Official Resources

1. Each spouse’s employer should start the PERM labor certification process (if required) and then file the I-140 petition independently.
2. Track priority dates using the Visa Bulletin to know when to file I-485 applications.
3. Use premium processing if faster approval is needed.
4. Keep detailed records of all filings and approvals.
5. Consult with an experienced immigration attorney for personalized advice.

As reported by VisaVerge.com, immigration professionals increasingly recommend dual I-140 filings for couples who qualify, as this approach maximizes H-1B extension options, job flexibility, and green card security.

Conclusion

Filing I-140 petitions independently by both spouses offers more security, flexibility, and backup options for families pursuing permanent residency in the United States 🇺🇸. While the cost is higher, the benefits often outweigh the extra expense, especially for families facing long green card wait times or uncertain job markets. By carefully weighing the pros and cons and considering your family’s unique situation, you can choose the best path forward for your immigration journey.