I hold a H1 visa with a recently certified ETA9089. Per my nationality, I can file I-140 and I-485 concurrently and my company is ready to do so. However, when I requested to include my husband, a F-1 student who works for the school, my company attorney insisted that he needs to change his status to H-4 to file with me. My questions are 1) does he have to change to H-4 (which will prevent him from working at school)? 2)are there laws or publications that I can quote to challenge my company attorney? 3) since changing from f-1 to H-4 is not an option, can I apply green card for him once I get my green card (not citizenship) if it doesn't work out?

Thanks,

P