Can I stall GC process between I-140 approval and applying for I-485?

P

pramodc

New Member
I am currently single on a H-1B and am considering marriage after maybe 2 years.

1. Can I start my Green card process through employment( Labor Certification and I-140) now and wait for a while after my I-140 petition is approved, so that by then once I get married I can include my spouse in the I-485 application?
2. Upto what stage in the process will my H-1 B be valid? (i.e do I have to apply for a work permit and advanced parole to leave the country as soon as my I-140 is approved or can I wait until I apply for my I-485?)

Ideally, I would love to finish the I-140 stage before marriage, and hopefully still be able to retain my H-1 B status, go to India , get married, bring my spouse on a H-4 and apply a I-485 for both of us. Please let me know, if this is possible or is it too long a shot?
 
pramodc said:
I am currently single on a H-1B and am considering marriage after maybe 2 years.

1. Can I start my Green card process through employment( Labor Certification and I-140) now and wait for a while after my I-140 petition is approved, so that by then once I get married I can include my spouse in the I-485 application?
Yes
2. Upto what stage in the process will my H-1 B be valid? (i.e do I have to apply for a work permit and advanced parole to leave the country as soon as my I-140 is approved or can I wait until I apply for my I-485?)
Your H-1B can be valid for the whole process. You would just renew it if you have to.
You can not apply for AP or EAD until you file the I-485.

Ideally, I would love to finish the I-140 stage before marriage, and hopefully still be able to retain my H-1 B status, go to India , get married, bring my spouse on a H-4 and apply a I-485 for both of us. Please let me know, if this is possible or is it too long a shot?
Very possible :)
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