If I have husband who is green card holder but I am H1b-visitor. And if I lose my job

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hipka

Registered Users (C)
vvp said:
Hi,
I have a question. If I have husband who is green card holder but I am H1b-visitor. And if I lose my job do I have any chance to stay here legally or I should leave the country immediately? And if he file I-130 for me, should I leave anyway?
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You have no chance to stay unless the marraige took place before he got his GC. If you married before the GC then you can try follow to join, else get ready to look for another job or study here.
 
Hi,
I have a question. If I have husband who is green card holder but I am H1b-visitor. And if I lose my job do I have any chance to stay here legally or I should leave the country immediately? And if he file I-130 for me, should I leave anyway?
 
You have to maintain H1-B on your own. After you lose your job, by just filing I-130, you cannot stay in US legally because your visa date will not be current. On the other hand, if your husband becomes US citizen, and file I-130, then you will be an immidiate relative of US citizen and you will be able to get an EAD and stay legally while your green card get process runs.
 
Filing I130 is not enough to stay legally. You need to maintain H1B until your I485 is filed. It's probably 5 - 6 years process if spouse is GC holder.. I bet you can get GC with your employment much earlier.
 
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