Can I submit a I-130/I-485 for my wife while she is extending her H-1B

P

plumeria

Registered Users (C)
Five years have passed since I got my green card and after filing my N-400, I am becoming a citizen on March 21st (date of oath ceremony)

My wife is on a H-1B, and is currently filing for her 2nd extension (the first H-1B was only for 2 years for some strange reason) for the final one year of the six years allowed.

My question is :- can we file a I-130/I-485 as soon as I take my oath ceremony and her H-1B extension filing is still outstanding? Her current H-1B expires on May 3rd 2006.

Thanks very much,

peter
 
plumeria said:
Five years have passed since I got my green card and after filing my N-400, I am becoming a citizen on March 21st (date of oath ceremony)

My wife is on a H-1B, and is currently filing for her 2nd extension (the first H-1B was only for 2 years for some strange reason) for the final one year of the six years allowed.

My question is :- can we file a I-130/I-485 as soon as I take my oath ceremony and her H-1B extension filing is still outstanding? Her current H-1B expires on May 3rd 2006.

Thanks very much,

peter
Click to expand...

Once you have become a US citizen, there should be no problem in filing I-130/I-485 for your wife. Overstaying is being forgiven to spouses of USCs.
Do search this forum for more info, there are a lot of people with the same or similar cases, it will surely be helpful for you!

Good luck!
 
plumeria said:
Five years have passed since I got my green card and after filing my N-400, I am becoming a citizen on March 21st (date of oath ceremony)

My wife is on a H-1B, and is currently filing for her 2nd extension (the first H-1B was only for 2 years for some strange reason) for the final one year of the six years allowed.

My question is :- can we file a I-130/I-485 as soon as I take my oath ceremony and her H-1B extension filing is still outstanding? Her current H-1B expires on May 3rd 2006.

Thanks very much,

peter
Click to expand...

As Patty said, you can definitely file the I-130/I-485 right after you obtain the citizenship... since your spouse would still have a valid H1 (it is expiring on May 3, 2006, right), so there is no overstaying if you file the I-485 before May 3rd. What you also might wanna consider is filing an EAD (I-765 - seeking approval for work while I-485 approval is pending) and AP (I-131 - premit to travel out and back into the US).

Applying for EAD and AP is optional - if your wife gets her H1B extended and wishes to continue with the same employer, you may not want to file for an EAD or AP, but if you guys are not sure about the H1B extension or if she wishes to work for any employer unrestricted you should file for EAD+AP too.

HTH, USC
 
plumeria said:
Five years have passed since I got my green card and after filing my N-400, I am becoming a citizen on March 21st (date of oath ceremony)

My wife is on a H-1B, and is currently filing for her 2nd extension (the first H-1B was only for 2 years for some strange reason) for the final one year of the six years allowed.

My question is :- can we file a I-130/I-485 as soon as I take my oath ceremony and her H-1B extension filing is still outstanding? Her current H-1B expires on May 3rd 2006.

Thanks very much,

peter
Click to expand...

Since you become a USC on March 21st, you can apply for your wife's GC as soon as you have your naturalization certificate. Make sure she applies for EAD. This way, she doesnt have to extend her H1-B and in May, when her H1-B expires, she can switch over to using her EAD and continue her employment without a break.
 
Thanks everyone - we will get everything ready and also file EAD.. just in case.

Good luck to you all!

Peter
 
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