Permanent Resident sponsoring GC for H1B holder ...

[ravan123]

1] Is it possible for a PR spouse to sponsor GC for his/her spouse who is in the US on H1B ?

2] What if the sponsered spouse's employment based 485 is pending but the spouse is still on H1B status ?

3] What if the sponsered spouse is AOS status and expects problems and her/his spouse sponsor's GC

4] Are these questions redundant since a PR cannot sponsor GC ? If so, what are the options for the spouse ? Go back to home country and wait ... change to a valid status ...

[VivaLasVegas]

1. It is possible for a PR to sponcer a GC for his spouse ( the only problem with that is there is a long wait before an immigrant visa number is made available approx 4 years)

2. You can have multiple GC petitions but only one can get approved. i.e. you have to withdraw the other peitions.

3] refer to answer 2.

4] refer to answers 1 , 2 , 3.

Hope this helps.

[ravan123]

Thanks for your info.

If a PR sponsors an H1b, which will expire very soon, what are the options for the sponsored ? Can 130/485 be filed concurrently and the sponsered gets an EAD and remains in status ? I know citizens can do that to their spouse.

Basically, how to maintain status during these 4 yrs ?

The PR's spouse is already in the US working on H1, expiring very shortly.

[VivaLasVegas]

No an I 130 and 485 cannot be filed concurrently in this case.

The H1 holder needs to have her own immigration status or she has to leave the country.

I would suggest consult an immigration attorney for further options.. they may know of something I dont.