Can I file for GC while waiting for H1B approval?

J

jbh

Registered Users (C)
Hi,
I got married to a US citizen about 8 months ago and I would like to apply for a GC. I was on an H1-B visa prior to marriage and recently changed jobs. My new employer has filed an H1B visa application and I am awaiting its approval. I started working at the new employer after they received the H1B application receipt notice from USCIS.

My question is this - can I send in my application for the GC while my H1B approval is pending? Or do I have to wait to get my H1 visa approved? Will I get an RFE for my H1 notice of approval?

I would really appreciate a response from anyone. I have all documents ready for the GC application process. Thanks a lot!
 
I don't see any reason why not. H-1B allows dual intent, and filing for AOS based on marriage is not dependant on your current status other than the fact you entered the USA legally, so I can't think of any reason why you'd get an RFE.

Let me put it this way, it won't affect your AOS. However I can't guarantee 100% that it won't affect your H-1B application. My gut instinct says no, but you might want to talk to your company's lawyers to make sure.

That said, as you have H-1B pending, there's no rush to file for AOS.
 
jbh,

I am in the same boat as you are. I have applied for AOS in September '06 and my H1 was expiring Jan '07. I waited till almost the last week of my expiry and applied for H1 extension. I have 140 approved and applied for 3 year extension, since I completed 6 years in H1 and EB3 from India with Priority date of My 2003. So, effectively currently my H1 extension and AOS are underway. I received EAD through my marriage based AOS, but haven't used it so far.
 
Hi dr_lha and andyjpa,

Thanks a lot for your responses. The only reason I want to apply for AOS in a hurry is because I am not very happy with my current job situation. If for some reason I have to leave my current job, I would like to be able to apply for new jobs and not be out of status.

This forum is absolutely wonderful! I have found answers to most of my questions here. Thanks!
 
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