H1 to GC process while I go back to india

[g_m111]

Hi

My husband has been refused the H4 visa, and today the congressman also said that there is no hope as I came on Tourist, changed to F1 and now H1, so it is clear that I have no intentions of going back, and that is why the INS will not let my husband come here. The senator said that he can come either after the GC or if he comes on his own H1.

I am thinking that since there is no way out, I have to go back, I have just started on my H1, is their a way that my employer can file for my GC, and that process runs while I am in India?

If I can get some sponsor for my husabnd's H1, we can pay for that.

Anybody having any clue about my situation, please respond.

Thanks

 

[waitin_toolong]

yur employer can file for GC.

GC involves three stages.

1. Labor
2. I-140
3 has two ways,

a) file I-485 only if already in US.
b) use CP option in not in US or otherwise too.

You can use option 3.b) for yrself and your husband as derivative, while you are in India.

Your employer will file I-140 indicationg that you are opting for Consular processing(CP) option. and when that get approved, you will have to wait for consulate to call you for interview.