GC processing for wife: H1B, different country

[TildaSlashDot]

Hi,

I am planning to apply for my wife's green card. I am a GC holder
myself for last 2.5 years. My wife is from Bangladesh and I am from
China. I have some doubts about how to proceed further.

1. My wife is on H1B in her 4th year. I wonder if H1B laws are
applicable to family-based green card (FBGC) processing also ?
For e.g. if she completes 6 years on H1B (assuming that she
hasn't filed GC through her employer), would she be able to
get an extension to her H1B ?

2. Is FBGC processing done by country of birth OR native country of the
sponser ? I know that China, India and Mexico have quotas and their
priority dates are very slow. If I apply for my wife's FBGC processing,
will she be part of quota for China or her case would be processed
through her native country, Bangladesh ?

3. If her case gets processed through her country qouta, will it be
faster, given that her country doesn't have long queue like other
countries like China or India ? How fast will it be ?

4. Another point: I will be eligible for citizenship after 2.5 years.
Will it be a good idea to wait till I file for my citizenship and
apply for her citizenship at the same time

OR

file for her green card right now and get its status changed later
when I become citizen ?

5. How much is the average cost of FBGC processing ? I live in Northeast,
so if you know the cost in NYC or Boston area, that would be great.


Thanks,

TildaSlashdot

 

[ari4u]

Hi,

I am planning to apply for my wife's green card. I am a GC holder
myself for last 2.5 years. My wife is from Bangladesh and I am from
China. I have some doubts about how to proceed further.

1. My wife is on H1B in her 4th year. I wonder if H1B laws are
applicable to family-based green card (FBGC) processing also ?
For e.g. if she completes 6 years on H1B (assuming that she
hasn't filed GC through her employer), would she be able to
get an extension to her H1B ?

Unfortunately, H1 and family based GC are not related. This means you cannot extend a H1 based on a pending family based GC. You could however extend your H1 as long as you have a pending employment based GC.


2. Is FBGC processing done by country of birth OR native country of the
sponser ? I know that China, India and Mexico have quotas and their
priority dates are very slow. If I apply for my wife's FBGC processing,
will she be part of quota for China or her case would be processed
through her native country, Bangladesh ?

Country of applicant's birth... and you need to follow the processing dates for bangladesh (. Look here. http://travel.state.gov/visa/frvi/bulletin/bulletin_2744.html
The PD is currently at Jan 2002.

3. If her case gets processed through her country qouta, will it be
faster, given that her country doesn't have long queue like other
countries like China or India ? How fast will it be ?

see answer above

4. Another point: I will be eligible for citizenship after 2.5 years.
Will it be a good idea to wait till I file for my citizenship and
apply for her citizenship at the same time

whoa whoa... slow down there buddy. Your wife first needs to become a LPR, wait for 3 years before she can apply for citizenship (she needs to meet all the eligibility requirements to file for naturalization).

OR

file for her green card right now and get its status changed later
when I become citizen ?
What do you mean?

5. How much is the average cost of FBGC processing ? I live in Northeast,
so if you know the cost in NYC or Boston area, that would be great.

Doesnt matter where you live. The cost of applications are same for everyone in the US. The cost may be different if you plan to use the services of an immigration attorney.


Thanks,

TildaSlashdot