H1-B abd GC

K

kal464

New Member
Respected Rajiv,
I am currently on H1-B visa. I just changed my employer and got approval from the INS. I am planning to visit india in jan 2003 for three weeks. Is it a good idea to get my visa stamped in india. I am from gujarat, ahmedabad. I still have my old visa valid till july 2003. What documents do I need for stamping and other details.

Recently I got married to a green card holder. I want to apply for my permanent residence(immigration). My company is willing to apply for my green card too. please tell me which is a better, faster and easier way. What forms do I need to submit if I apply on basis of my wife. she doesnt work, is that going to be hard if I apply on her basis. Do I need to change my status if I am applying on the basis of my wife. Can you please provide all the detail.s

Looking forward to your reply

Thanks
Kalpit
 
Kalpit,

Generally, GC through emplyment takes about the same time as GC through marraige. But, there are advantages and disadvantages on applying GC through marraige. The advantage is that if you apply GC through your spouse, you are not stuck with an employer. You will be able to change jobs as long as you maintain your H1. However, I beleive GC through marraige is a conditional GC for a couple of years liel if, God forbid, both of you divorce within 2 years of your GC, then your GC will get revoked. OTH, if you apply for GC through your employer, your GC might get revoked if you get laid off before a certain stage.

There are many other rules too. For example, I know of a rule, where if you were in US when your spouse applied for I-485, then you can get GC in a year. I suggest that you talk to a lawyer, A good immigration lawyer will be able to suggest many more options
 
GC thru employer is faster

GC thru marriage is very time consuming (more than 5 years). GC thru employer could be done in 1-2 years. Both has its risk obviously. If you lose your job before GC (I-485 filing), then you lose GC. If you mess-up your marriage before GC+2years, you lose your GC.
 
Roland is a bit confused here. He is quoting times for marriage to a Permanent Resident. Marriage to a USC permits processing as an Immediate Relative and is consequently much faster. There are advantages and disadvantages to each type of processing.
 
Jim, are you sure, Iam the one who is confused

Jim

If you see the context of this post, you would see that the kal has recently married a PR and not a USC.:D
 
You're right Roland. I guess I didn't review the question closely enough and your blanket statement that a GC based on marriage takes about 5 years threw me. Probably best to apply for a GC through an employer now and apply for a GC through the spouse if necessary or if the spouse becomes a USC.
 
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