Green card through marriage to USC - important questions need answers

[aparnabadhri]

Here is my case:

H1-B holder - legally entered US - last entry in Feb 2007 - been in status until present (April 2010) - Husband to become USC shortly - my employer threatening to revoke H1-B if i take a break for a couple of months.

Questions that need answering:

1. Once I receive my receipt notice for green card filing (I-130; I-485; EAD and AP) – will that be sufficient for me to get off the H1-B?
2. Will I be considered out of status if my H1-B is revoked after i receive the receipt notice?
3. How soon are folks getting their EAD’s / Parole documents? My field office will be in PA.

 

[jason79]

According to me - You should be fine and remain in status if your H1 is revoked anytime after you get the receipts. Alternatively, all is not lost if your H1 is revoked before you file, yes you will be out of status in that case but it should not affect your chances at getting a relative based GC.
Based on the posts in this forum, you should expect to get your EAD/parole docs in about 60-75 days after you apply(assuming you don't get any RFE's)

 

[LucyMO]

1. Once I receive my receipt notice for green card filing (I-130; I-485; EAD and AP) – will that be sufficient for me to get off the H1-B?

yes. But you won't be able to do it until after your spouse becomes a USC.

2. Will I be considered out of status if my H1-B is revoked after i receive the receipt notice?

no

3. How soon are folks getting their EAD’s / Parole documents? My field office will be in PA.

60-90 days

my employer threatening to revoke H1-B if i take a break for a couple of months.

anybody's job can be revoked if they decide to take a break for a couple of months.