GC holder wants to apply for GC for husband who has a lC pending with his employer

[jadooda]

HI,

I have obtained my GC through Asylum. prior to getting my green card (when the I-485 was pending), I got married to man who is working in the US with an H1-B visa. His company then applied for the Green card (i guess they apploied for the first step). So far we have not heard anything from the lawyers, but we are assuming his first step of the process is still pending...so they did NOT file an I-485 for him or even obtain the LC.

Now, I got my green card and he is still on an H1-B visa (his second H1-B term will expire in Jan 2007).

1. Can I apply for a GC for him? if so, does this affect his current application though his employer? and in what way? does it invalidate his current status?? or can he have the two in parallel?

2. Also, if I apply for him, does this mean he can no longer work in the US and has to sit at home until he gets his green card?

3. How long does the process take? he is a British citizen.

Many thanks for your help. I hate to think I can do anything to speed up his green card and not do it.

 

[chicagolady]

Yes you can

You can apply for his GC (I-130 form) which will not affect his current status. But GC holder's spouse does not have any visa number available. So prepare to sit tight for 5-6 years(not sure for British Citizens). or till you become citizen.

He can maintain H1B status and can work in US till Jan 2007. then he has to apply for renewal. He has to maintain his status by his own.

You should apply for I-130 ASAP. you never know, law might change & we get lucky.

HI,

I have obtained my GC through Asylum. prior to getting my green card (when the I-485 was pending), I got married to man who is working in the US with an H1-B visa. His company then applied for the Green card (i guess they apploied for the first step). So far we have not heard anything from the lawyers, but we are assuming his first step of the process is still pending...so they did NOT file an I-485 for him or even obtain the LC.

Now, I got my green card and he is still on an H1-B visa (his second H1-B term will expire in Jan 2007).

1. Can I apply for a GC for him? if so, does this affect his current application though his employer? and in what way? does it invalidate his current status?? or can he have the two in parallel?

2. Also, if I apply for him, does this mean he can no longer work in the US and has to sit at home until he gets his green card?

3. How long does the process take? he is a British citizen.

Many thanks for your help. I hate to think I can do anything to speed up his green card and not do it.