Help! Now what ? green card married h1b new job!

[notmyspace]

Ok, here is the deal

I am on my H1B visa expiring on 3/2008. That is my last extension. I am already married to an US citizen back in 07/2005. We have a family together and our child is about 1 year old. I just recently got a job offer for another company. They told me they are willing to pay for any immigration fees. What should I do now? Shall go ahead and proceed with the green card application thru marriage or transfer the h1b visa? I do not want to make this to a bit hassle that i might lost my job offer ...

what the next step i should do?

1) transfer h1b? 1 year a couple months left

or
2) I 380, EAD, and I485 ?

I want to start working with them asap...what the next step?
Thanks

[Ashin2]

You can apply to adjust your status through marriage. Marriage based GC will be faster than your employment based. You can apply for EAD document, once that comes you are free to work with any company you choose. Or you can transfer your H1 with new company and then apply for permanent resident status with marriage. Then you won't have to worry about applying for EAD, as you will still hold a valid H1.

[notmyspace]

Originally Posted by Ashin2

You can apply to adjust your status through marriage. Marriage based GC will be faster than your employment based. You can apply for EAD document, once that comes you are free to work with any company you choose. Or you can transfer your H1 with new company and then apply for permanent resident status with marriage. Then you won't have to worry about applying for EAD, as you will still hold a valid H1.

Thanks for a quick reply. From what you say, the fastest way right now is ..transfer my h1b visa (1year3 months left) to the new company, and then apply my gc thru marriage. if i am not mistaken, the transfer normallytakes about 2 weeks and i can work with them immediately upon notice of receipt right?

I was thinking saving money here since they are going to pay for it....

money and time...
Option A
1) transfer h1b visa (even with 1 year 2-3 months left)
2) The transfer takes about 2 weeks, and i can work upon receipt
3) Do the GC application once I started my job with them

Option b
1) Apply the gc application , adjustment status
2) EAD - might take forever? a couple months ..that will probably messed up my job offer
3) save money though..2 birds in 1 stone LOL..


which is the fastest way to do it...and save $?

Another thing to add, I am the headof the household since my wife is not working. She is a stay at home mom taking care of our 1 year old son. Since she is my sponsor.with no income..what should I do???? Who else can qualified as co-sponsored? Brother in law?

[dr_lha]

Originally Posted by notmyspace

T
Another thing to add, I am the headof the household since my wife is not working. She is a stay at home mom taking care of our 1 year old son. Since she is my sponsor.with no income..what should I do???? Who else can qualified as co-sponsored? Brother in law?

You can self sponsor as you qualify as a member of the household. My wife is a student and as such earned $0 last year, whereas I have held a job in the USA for almost 8 years. I used my income on the I-864, and there was no issue, I'm expecting my GC to arrive in the mail any day now.

[notmyspace]

SO Option A
1) transfer h1b visa (even with 1 year 2-3 months left)
2) The transfer takes about 2 weeks, and i can work upon receipt
3) Do the GC application during that time

Option b
1) Apply the gc application , adjustment status
2) EAD - might take forever? a couple months ..that will probably messed up my job offer
3) save money though..2 birds in 1 stone LOL..


Option A seems the most safest route to go ?

[amishah]

Originally Posted by notmyspace

SO Option A
1) transfer h1b visa (even with 1 year 2-3 months left)
2) The transfer takes about 2 weeks, and i can work upon receipt
3) Do the GC application during that time

Option b
1) Apply the gc application , adjustment status
2) EAD - might take forever? a couple months ..that will probably messed up my job offer
3) save money though..2 birds in 1 stone LOL..


Option A seems the most safest route to go ?

Combine A and B.
1) Transfer h1b visa and start new job.
2) Apply for Family Based GC. Once you get your EAD, you can drop the H1.

If you will follow option A, you will save money but it will take too long to get the GC (Freedom).

[pianoplayer]

Originally Posted by notmyspace

Ok, here is the deal

I am on my H1B visa expiring on 3/2008. That is my last extension. I am already married to an US citizen back in 07/2005. We have a family together and our child is about 1 year old. I just recently got a job offer for another company. They told me they are willing to pay for any immigration fees. What should I do now? Shall go ahead and proceed with the green card application thru marriage or transfer the h1b visa? I do not want to make this to a bit hassle that i might lost my job offer ...

what the next step i should do?

1) transfer h1b? 1 year a couple months left

or
2) I 380, EAD, and I485 ?

I want to start working with them asap...what the next step?
Thanks

Your options are not limited to "either - or" ---- an applicant may maintain two I485 applications at the same time ---- one based on employment and one based on marriage. Pursue both if you like.