experts please help me

E

elbatanouny

Registered Users (C)
hello

have a question and need advice, I'm curretnly living and working in CT.... I485-work base- got transferred to Texas... still a mystery why. I got married to GC holder who lives in CA..... I need advice whether he should also file for me as a spouse in CA... Since all of this mess it doesn't look like I will get my I485 processed anytime soon in Texas.. this is soooooooooooo frustrating and we need to make up our mind on what to do. When Vermont was processing my case, AP took only 2 weeks, EAD 's three/ four max, but by the looks of it, Texas is very different :(

I was told since I'm here legally, he can file for me and I can even get an EAD ? and start the process in CA ???
:confused:
 
marrying to GC, you need to maintain your H1B status till your GC quota is available (4-5 years). Only then, you could file I-485 and file for EAD. The best way is to continue your employ-based I-485 or let your spouse apply for citizenship.
 
When your spouse files your petition I think you can use your priority date of the EB petition. If your priority date is 3 years old I would suggest you talk to the lawyer through whom you are filing the FB petition. If you can use the EB priority date you could get the V visa. But if your priority date is only 2 years old then you should continue both separately. DO I make sense?
 
Incorrect info. The Family based priority dates and Employment based priority dates are not interchangeable. One cannot use the EB priority dates for a Family based category.

Your spouse can file I-130 to petition for your GC, but it doesnt give you any status until the family based priority dates become current (thats about a 5-6 year wait right now). In other words, you cannot get an EAD/AP based on that petition, nor are you eligible for I-485 filing until the priority date becomes current. You can have both employment and family based processing go concurrently - you can take whichever comes first. Recommend your spouse does file I-130, just in case Congress eases provisions for spouses of GC holders.

You will have to continue maintaining your existing immigration status, until such time as your spouse applies for and gets U.S Citizenship.
 
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