I130 approved, H1B, work authorization

psimeson

New Member
Background: My I-130 was approved on Nov 2015. I think my documents were submitted somewhere in March 2015. For my category (“All Chargeability Areas Except Those Listed” and F4), I have to wait for a long time to get a green card. I did my undergrad, Masters, and PhD in the US and currently, I am under H1B for the next 3 years. When my I-130 was approved, I wasn't married. Now, I am married and my wife has F1-visa. I do have an option to apply for GC under EB2.

Questions:
1. Given that my wife and I are already in the USA, Is there a faster way to accelerate GC process?
2. Is there a way to get work authorization? If so then, how should we go about it?
3. If we get the work authorization then can we still travel? Should we just apply for GC under EB2?

Thanks a lot.
 
The process for getting a green card from within the US (Adjustment of Status) and abroad (Consular Processing) are different, but for both of them you need a visa number to close to being available before you can start. As you know, visa numbers are available for F4 category for petitions filed before 2007 right now. So it will be many years before a visa number will be available for your F4 petition.

A pending or approved I-130 does not give you any ability to stay in or work in the US. Only a pending I-485 (Adjustment of Status) allows you to stay in the US, and an I-485 applicant can also apply for EAD and Advance Parole for free. You can only file I-485 when a visa number is available (or in some cases close to being available) for your petition (e.g. your F4 I-130, or your EB2 I-140).
 
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