B2 to H1-B to Adjustment of Status based on marriage to US citizen

Desi4ever

Registered Users (C)
Both me and my wife are citizens of India.

I'm a LPR ( green card holder employment based ) since Oct 2004 and I got married after I got my green card. My wife had a US visitor visa ( B2 ) before we married and entered USA on B2 in April 2005.

I applied for her I-130 in July 2005.

She then got her H1-B approved in Oct 2005. She has not left the country ever since. She does not have a H1-B stamp yet on her passport.
Her I-94 is valid till October 2011.

She was not working between November 2007 and Mar 2009 as she had to take care of our child. She resumed working from March 2009. Yes , she was out of status between Nov 2007 and Mar 2009.


Her I-130 was approved in Jan 2009 approval notice with a priority date of July 14,2005.

I have applied for my naturalization(n-400 ) and my interview is scheduled on Sep 29, 2009. Assuming everything goes well ,I pass the interview and take the oath, what are the next steps to get my wife her green card ?

I know that I need to upgrade the I-130 by calling USCIS and providing them my proof of citizenship.

1. When can I file for I-485 ?
2. We live in Houston, TX. Do we look at the TSC center to get the processing times info for I-485 or ?
3. When does she get her EAD ?
4. For my wife's green card interview , does her past out-of-status factor affect her green card application ?

Thanks
 
I know that I need to upgrade the I-130 by calling USCIS and providing them my proof of citizenship.

You do not need to "upgrade" your I-130.

1. When can I file for I-485 ?

Immediately after you have proof of citizenship. I'd file a copy of your natz certificate along with her I-485 and the I-130 receipt/approval.

2. We live in Houston, TX. Do we look at the TSC center to get the processing times info for I-485 or ?

The Houston district office.

3. When does she get her EAD ?

After 30-75 days.

4. For my wife's green card interview , does her past out-of-status factor affect her green card application ?

No.
 
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