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I-130 approved....and H1B questions

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by mn123, Jun 18, 2005.

  1. mn123

    mn123 Registered Users (C)

    My husband is working on H1b in US and I had filed for 1-130 through marriage. Now once I-130 is approved..

    Can my husband get EAD card or not yet...?

    Does he have to keep his H1B also? He has not filed for his Green cardthrough employment as it takes very long.

    My husband is a canadian citizen and was born in India.

    Any help will be appreciated.
     
  2. amishah

    amishah Registered Users (C)

    What is your status? LPR or USC?
     
  3. mn123

    mn123 Registered Users (C)

    I am a GC holder and filed for I-130 for my husbad which has got approved.

    Can he apply for EAD Card now? OR has to keep his H1b status

    Thanks for your help
     
  4. mn123

    mn123 Registered Users (C)

    H1B and I-130

    I am a GC holder and filed for I-130 for my husbad which has got approved.

    Can he apply for EAD Card now? OR has to keep his H1b status

    Thanks for your help
     
  5. EricNeesGC

    EricNeesGC Registered Users (C)

    mn123,

    He will have to wait for the visa number to be available for him. What was your priority date? Your category will be 2A. I believe they are processing people with the priority date of October 1st, 2000. The fastest way for him to get a GC would be to wait for you to become US citizen and then upgrade the priority. Once thats done, he should get the GC within a year.

    To answer your second question, yes, he will have to maintain his H1B status until his dates get current. Then he can file for AOS and EAD. EAD takes about 90 days to get approved.
     
  6. mn123

    mn123 Registered Users (C)

    Thanks for the reply!!!!

    I have 1.5 yrs left before I can apply for US citizenship. After I get my USC can my husband who is currently working on H1B can he get EAD or he has to wait for Priority date. I had filed for I-130 for him about 21/2 ago which has now got approved.?

    Thus My question is when can he get his EAD card after me becoming a USC? Does Priority matter in getting EAD card for USC spouse?

    Thanks in advance for your help!!!!!!
     
  7. EricNeesGC

    EricNeesGC Registered Users (C)

    If your priority date is somewhere in 2003, it may take 4 - 5 years for your husband to get his GC. The best thing for you to do is to wait and become a USC as soon as possible. Just an FYI, you can file for USC 90 days before your 5 years are up as a LPR. Make sure you file the forms as soon as you are eligible. The citizenship FP, interview and approval may take a few months. The oath can be scheduled anywhere between 3 weeks to 5 months depending on your DO. My wife's oath was scheduled 5 months after her interview.

    Once you are done with your oath, file I-485 package and EAD together. The EAD should be approved within 90 days. So I say that your husband should have his EAD 2 years from now.

    Just make sure all the paperwork is ready and nothing is missing. You do not want to scramble at the last minute and file late.

    Good Luck
     

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