I have h1b and want to do PERM for my GC, will i be able to sponsor my husband

Question

I have applied to GC and my spouse also did it with me. During the 5+ years waiting time, his h1b expires and he is terminated from the job, will he not be able to stay in US after that?
Or can we stay as long as i140 is approved?

Answer 1

He could not extend his H1b based on your PERM. He could file for adjustment with you, once the visa is available, as long as he is in status talking to his employer.that might work better.