Filing H1B when GC under process

[mkgirl]

hi
I would like to know if I can file my H1B visa while my green card through my husband (Priority date - April 2003, EB3, 140 cleared and 485 pending) is still pending ?
Will the H1B visa cancel my green card application ?
Since my husband may tentatively abandon the green card process and leave the country in May, should I apply a H1B visa around that time so that I will be able to work in the US.

When is the last date to file for H1B and how long will it take to come ?
Please let me know.

 

[randy_gc]

husband may tentatively abandon the green card process .... being a primary, he need to come back to US before the AP or H1b expires, else the entire family's 485s will be rejected.

If you want to be independent, search for a job and apply for H1b as early as possible instead of waiting ... you can file for H1b now, and approval may take from 2 to 6 months.

 

[ginnu]

hi
I would like to know if I can file my H1B visa while my green card through my husband (Priority date - April 2003, EB3, 140 cleared and 485 pending) is still pending ?

Will the H1B visa cancel my green card application ?
----- If your spouse Primary I-485 is pending then nothing will happen to your Derivative Pending I-485. You can get H1.

Since my husband may tentatively abandon the green card process and leave the country in May, should I apply a H1B visa around that time so that I will be able to work in the US.
----------------- if your husband is going to withdraw his I-485 then your I-485 will have no base and your AP, EAD ,I-485 are based on his I-485 and you being his spouse. You should get H1 BEFORE he withdraw his I-485 .

When is the last date to file for H1B and how long will it take to come ?
---I think still H1 is available and US employer can file.
Please let me know.

what is the reason your spouse is going to withdraw I-485?
Have you used EAD for work?
What is your status H4?