Processing steps for family based application.

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rahman15

Registered Users (C)
My wife is US green card holder and I am now working under H1b visa.
If my wife decided to apply for my green card, what is would the appropriate steps?
Do I get any advantage being in USA?
How long will it take to process?
Can I apply for EAD any stage of my application process?
Any other steps should I take?
 
She only will be able to apply for the I-130 Petition for an Alien Relative, that petition alone doesn't give you any status, just stablish with the USCIS that there is a petition for you based in your relationship with her and then when your priority date becomes current then if you are inside the US you would be able to apply for Adjustment of Status (I-485 packet including EAD, etc.). If you are not inside the US then you would be able to go through Consular Processing (CP). The waiting period is around 4-5 years and you must check out your country of birth.
Just immediate relatives of US citizen can apply I-130 and AOS at the same time.

Please check www.uscis.gov for more information and how the categories and benefits work.

For the timeline as a person that must wait for a visa number become available, you can check out the Visa Bulletin :
http://travel.state.gov/visa/frvi/bulletin/bulletin_2805.html

If you stay in the US you must mantain your own status like the one you are right now (H1B) until you are able to apply for adjustment of status. If she becomes a US citizen first then things can get faster.

You cannot apply for EAD since that is for aliens with a pending adjustment of status.

Good luck,
 
Thanks

Thanks you cherr1980 for your detail reply.
It does help me understand many things. Just one more related question, if my I-130 get approved but the visa number is not available, will I be able to apply for EAD?
 
rahman15 said:
Thanks you cherr1980 for your detail reply.
It does help me understand many things. Just one more related question, if my I-130 get approved but the visa number is not available, will I be able to apply for EAD?
Click to expand...

NO. You can only apply for EAD
1. when you have a pending I-485
2. along with your I-485
 
Why dont you go ahead and apply for Green card under your current H1. MAke sure to apply under EB2 category. In this way you will get your GC within 1.5 years if you belong to Worldwide. And in case if it takes longer at least you would be able to get the EAD.

Good Luck.


rahman15 said:
My wife is US green card holder and I am now working under H1b visa.
If my wife decided to apply for my green card, what is would the appropriate steps?
Do I get any advantage being in USA?
How long will it take to process?
Can I apply for EAD any stage of my application process?
Any other steps should I take?
Click to expand...
 
kamrans said:
MAke sure to apply under EB2 category. In this way you will get your GC within 1.5 years if you belong to Worldwide.
Good Luck.
Click to expand...

Its not an option to decide which category to file EB GC under. He needs to qualify for EB-2 category else EB-3 is the default category for "most" H1-B here. If it were an option, everyone would be filing under EB1 or EB2 :D category
 
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