Whats Faster: Applying via Spouse, or Via Permanent Work Authorization

[muskn]

Hi

I am from Pakistan and working here on H1. I just got married and my wife is a fresh GC holder (got her's in Dec 05). I have two option, either I can apply my GC through my employer, or apply it on basis of my spouse.
Can someone tell me whats a better/faster choice?

Also, please elaborate how long will it take for the faster route towards my GC.

Can she apply for my parents GC as well? (Just checking if there is anything in that regard as well)..

Thanks
Mustafa
Washington State

[icman]

Salam Mustafa,

I think you would have to wait few years till you get a VISA number through your marraige. As far as I know, if your employer has filed for your G.C. already, then perhaps that would be faster. If you have to wait for your employer, then I guess it would not hurt if your wife file I-130 for you. Not sure if there is a conflict between the two paths or not. ari4u should know and help you out.

And I never heard of one's abilities to file for his/her inlaws.

Good luck,

~ I.C. Man (Integrated Circuits Man)

[ari4u]

Originally Posted by muskn

Hi

I am from Pakistan and working here on H1. I just got married and my wife is a fresh GC holder (got her's in Dec 05). I have two option, either I can apply my GC through my employer, or apply it on basis of my spouse.
Can someone tell me whats a better/faster choice?
If your employer is filing for you under EB-1 category, then your PD is current and you can file I-140 and I-485 concurrently. There is no need for labor to be cleared first for this category
If EB-2 category, then you need to clear your labor first before you can apply for I-140 and I-485. The PD is current for this category.
If EB-3 then labor has to be cleared first and there is atelast a wait of 5 years before PD becomes current and you applying for I-485. Current date is at May 2001

If filing GC as spouse of a LPR, your wife can only file for I-130 at this time and once PD becomes current (~3-4 years) and I-130 is approved, you can file your I-485. You have to maintain your own status till the PD becomes current.

Also, please elaborate how long will it take for the faster route towards my GC.
Going by the above, you can do the math

Can she apply for my parents GC as well? (Just checking if there is anything in that regard as well)..
No, she cannot apply for your parents. You can apply for your parents after you become a USC

Thanks
Mustafa
Washington State

[muskn]

Thanks a lot ICMAN And ARI4U
U guys are really helpful. I am not really into GC so dont know what my EB-x is. I can tell that had a year experience in Pakistan, then I have 2 years US experience uptil now. I dont know what EB catagory I am in with 2+1 experience. Any idea?

Also my employer will wait for my company review this year till they decide if they want to file for me. So I dont know whats in it.

If I file via spouse the I-130 form and later, either:

1. My employer agrees to file
2. My wife becomes citizen before PD becomes current

What will be next step at that time. For 2. above, its would be just upgrading my case to "spouse of Citizen" instead of "spouse of GC holder"
What will be the next step if employer agress to file at that point?

Thanks icman and ari4u again for your detailed replies.

Regards
Mustafa

[icman]

Mustafa, your questions are out of my knowledge. Sorry, can't help further. But I think your EB depends on what you are doing/hired for.

Good luck. I'm sure others here in the forum know better.

[ari4u]

Originally Posted by muskn

Thanks a lot ICMAN And ARI4U
U guys are really helpful. I am not really into GC so dont know what my EB-x is. I can tell that had a year experience in Pakistan, then I have 2 years US experience uptil now. I dont know what EB catagory I am in with 2+1 experience. Any idea?

Also my employer will wait for my company review this year till they decide if they want to file for me. So I dont know whats in it.

If I file via spouse the I-130 form and later, either:

1. My employer agrees to file
2. My wife becomes citizen before PD becomes current

What will be next step at that time. For 2. above, its would be just upgrading my case to "spouse of Citizen" instead of "spouse of GC holder"
What will be the next step if employer agress to file at that point?

Thanks icman and ari4u again for your detailed replies.

Regards
Mustafa

going by what you wrote, i guess you will fall in the EB-3 category and the wait is long. I might be wrong, but you can see for yourself which category you belong to. http://uscis.gov/graphics/services/r...employment.htm

your wife would have to wait for 5 years from her GC approval date before she can apply for citizenship (if she meets all requirements). That would be approx Dec 2010. If she applies for your I-130 now, your PD would be current around approx the same time. So its upto you if you wish to wait till that point and file I-130/I-485 together (after she becomes a USC) or file I-130 now and wait for PD to become current.

[icman]

I think they should file for I-130 now. From my wife's citizenship experience, I can assure you that getting the citizenship is nothing easy. Her "name check" was stuck with the FBI for no good reason, and we ended up hiring a lawyer and use the 120 days written law to get her citizenship. That took a year and half. So, apply now for I-130 and you may thank God one day that you did.

Good luck.

[muskn]

Thanks guys
I will visit the webiste and confirm my EB catagory. This calls for a long wait for a GC. Lets see what my employer says about filing.

A related question here: If I file I-130, Petition for Alien Relative, and wait for PD to get a visa number and have GC, I am mostly concerned with this wait time. I am currently on H1 (Stamped in canada with utmost risk to present job) and now dont have any travel restrictions.
My question is "If I file for I-130, will my status still remain on H1 till I get my PD as current? Will I be able to travel on my H1 visa during the waiting time?

Assuming my employer agress to file now, can you guys give an approx figure on how long will it take for EB-1 and how long for EB-3?

Thanks a million guys

[ari4u]

Originally Posted by muskn

Thanks guys
I will visit the webiste and confirm my EB catagory. This calls for a long wait for a GC. Lets see what my employer says about filing.

A related question here: If I file I-130, Petition for Alien Relative, and wait for PD to get a visa number and have GC, I am mostly concerned with this wait time. I am currently on H1 (Stamped in canada with utmost risk to present job) and now dont have any travel restrictions.
My question is "If I file for I-130, will my status still remain on H1 till I get my PD as current? Will I be able to travel on my H1 visa during the waiting time?
Yes for both questions (As long as your H1 status is valid)

Assuming my employer agress to file now, can you guys give an approx figure on how long will it take for EB-1 and how long for EB-3?
EB-1 = PD is current and I-140/I-485 can be filed right away. no need for labor
EB-3 = labor certification + atleast 5 years before your PD becomes current and you file I-485.

Thanks a million guys

[muskn]

Thanks guys.
Looks like I need to push my manager to push for my GC application before its too late.
Will come back on this thread when I have more questions.
U guys are gr8

Thanks
Mustafa

[ari4u]

Originally Posted by muskn

Thanks guys.
Looks like I need to push my manager to push for my GC application before its too late.
Will come back on this thread when I have more questions.
U guys are gr8

Thanks
Mustafa

Im not sure if you got it right, unless you qualify for EB-1 category, family based GC would be faster for you (File I-130 now and PD would become current in ~3-4 years). Good luck.

[muskn]

Thanks ari4u

Thats what I wanted to know from my company attorney if I am eligible for EB-1. I was hired as 1 year exprienced in IT with a Masters degree. Right now its more than 1 year on this job (so its about 2.5 years experience total). A wild guess is that I may be EB-2, but I am not sure if I am EB-1. Thats what I wanted to know from my company Attorney.
If I am filing via spouse, my company attorney will not assist me so I will need to go with another lawyer.

I do have I-130 in my mind once I hear something from my employer.
Thanks again

[muskn]

One more scenario question:

If I file I-130, Petition for Alien Relative, and wait for PD to get a visa number and have GC, and during that wait, my employer agress to file;
1. what would be the condition then?
2. What should I opt if I have to choice to drop one (considering both cases whether employer puts me on EB-2, or EB-1)?

[ari4u]

Originally Posted by muskn

One more scenario question:

If I file I-130, Petition for Alien Relative, and wait for PD to get a visa number and have GC, and during that wait, my employer agress to file;
1. what would be the condition then?
what do you mean by condition?
2. What should I opt if I have to choice to drop one (considering both cases whether employer puts me on EB-2, or EB-1)?
You can have two I-485's being processed in parallel, the first one to get approved would void the other one.

[muskn]

Thanks for your reply ari4u

By the "condition then" I meant to know, if I-130 is already filed via spouse, and employer agress to file on Employment basis, what should be the best action/choice at that time?
The question is still not specific, so let me use some dates for example.

Assuming that I go ahead with paper work and file I-130 by April 25, 2006.
On September 25, 2006, my employer comes in to inform that we will file your application for GC. What is advisable at that point (is my question)?

Thanks again
Mustafa

[Pinturicchio]

Originally Posted by muskn

Thanks ari4u

Thats what I wanted to know from my company attorney if I am eligible for EB-1. I was hired as 1 year exprienced in IT with a Masters degree. Right now its more than 1 year on this job (so its about 2.5 years experience total). A wild guess is that I may be EB-2, but I am not sure if I am EB-1. Thats what I wanted to know from my company Attorney.
If I am filing via spouse, my company attorney will not assist me so I will need to go with another lawyer.

I do have I-130 in my mind once I hear something from my employer.
Thanks again

EB-1 are usually people with Nobel Prizes

To qualify for EB-2, I think you should have somewhere around 10 years of experience in addition to having an advanced degree...

[muskn]

Thanks Pinturicchio

10 years is too much. Any links I can read about this?

[ari4u]

Originally Posted by muskn

Thanks Pinturicchio

10 years is too much. Any links I can read about this?

Look at the link on post 6 of this thread