My PERM is approved and waiting to apply for I-140. Is it mandatory to add spouse name during I-140 or we can add at time of I-485 filing. The reason I am asking this is that my wife went to India for H4 stamping and received 221g. According to my lawyer I have to add my spouse during I140 itself and she should have a legal status in US. So this thing is holding me for filing I-140. As the dates for applying I485 are moving very fast, I want to apply for I-140 as soon as I can.
1. Should I go ahead and apply for I-140 without my spouse mentioned in it. Will there be any complications later if I do so.
2. I am in 4th year of my H1. Can I apply I-140 in premium processing.