Recently I have a daughter who just received her Conditional Immigrant Visa, due to marriage of a US Citizen.

Can she Petition me or my husband to become an immigrant as her parent?

As background, I am already here in US as H1B with approved immigrant petition EB3, but my priority date is still Jan 2009, Philippines, so with my family. My husband with an H4 visa still cannot work, the reason for this question. Are there any alternative for my husband to legally work with his H4 visa?

Thank you so much for the coming reply!

Currently only US citizen can petition for their parents. Please see the link below for more details.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD&vgnextoid=4c2515d27cf73210VgnVCM100000082ca60aRCRD

Also H4 visa holders are not allowed to legally work in US. They can however do volunteer unpaid work.

To legally work in US, they would have to change to a different visa (such as H1, L1, etc).

Two more links:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75783e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=75783e4d77d73210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5d893e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=5d893e4d77d73210VgnVCM100000082ca60aRCRD

USCIS had started the administrative process of allowing H4 to work. Currently this is still in "review extended" status.

Please see these three blog posts:

http://blog.mygcvisa.com/2013/01/updated-ead-for-h4-visa-holders-part-1.html

http://blog.mygcvisa.com/2013/01/further-analysis-of-ead-for-h4-visa.html

http://blog.mygcvisa.com/2013/01/likely-release-timeline-of-proposed.html