Status through spouse's Green Card

G

googly

Registered Users (C)
I'm currently on H1-B visa and reside in the state of NJ. Soon I'm going to get married to my fiancee who is a Green card holder of 3 yrs. I need to know a few things when I get married to her. Pls. help!!

1. If I file for Adjustment Of Status under I-130, would I still be able to retain my H1-B status, till the time, actual adjustment happens?

2. How much time will it take for the actual adjustment of status from H1-B?

3. Would it help to wait for 3 more yrs till my fiancee gets her US citizenship, and then apply for adjustment of status? (Because it may be faster??)

Thanks!
 
1. If I file for Adjustment Of Status under I-130, would I still be able to retain my H1-B status, till the time, actual adjustment happens?
You will NOT be able to file for adjustment of status unless your immigrant petition is approved and your turn comes in the visa line. Currently there is a several year backlog for spouses of green cards holders. You will have to maintain a valid non immigrant status (H1 in your case) until your priority date becomes current (several years away).
Once adjustment is filed you can use obtain EAD to continue to work and use AP to return from a trip abroad. You can also continue to hold H1 as well.

2. How much time will it take for the actual adjustment of status from H1-B?
Once adjustment is filed expect 2 years or more depending on which Service Center you apply.

3. Would it help to wait for 3 more yrs till my fiancee gets her US citizenship, and then apply for adjustment of status? (Because it may be faster??)
Might be faster, considering the fact that otherwise it will take 5 years or more. But you can apply now and later "upgrade" your petition to an immediate relative petition once your wife becomes a US citizen. Immediate relatives are not subject to quotas and can file the immigrant petition AND adjustment petition at the same time.
 
Thanks ! for the quick response.
I have some further questions if you may help!

1. I am currently going to file from Vermont center. How much time would it take from this center for the EAD to come?

2. Is it possible to file from another center where the above may move a bit faster/ take least time while I live in NJ?

3. My employer has already filed for a green card and federal labor approval is being awaited. If I file I-130 after marriage through my wife, would the employer's petition be nullified?

4. This may be a little out of context, but if you may help. I am thinking of changing my employer and my will have to file for H1-B tranfer, can there be a case where H1-B may not be approved for transfer?

I appreciate your quick response!
 
1. I am currently going to file from Vermont center. How much time would it take from this center for the EAD to come?
You cannot file for EAD unless you can also file I-485. If this is a petition based on yout marriage to a GC holder you will have to wait until I-130 is approved AND your priority date is current before you can file I-485 and EAD/AP.

2. Is it possible to file from another center where the above may move a bit faster/ take least time while I live in NJ?
You will have to file with the service center that has jurisdiction over your spouse's residence.

3. My employer has already filed for a green card and federal labor approval is being awaited. If I file I-130 after marriage through my wife, would the employer's petition be nullified?
The employment based petition will proceed independently of your marriage based petition. Once will not affect the other.

4. This may be a little out of context, but if you may help. I am thinking of changing my employer and my will have to file for H1-B tranfer, can there be a case where H1-B may not be approved for transfer?
If you or your employer have violated terms of your H1 status then you may run into difficulties. This includes benching without pay, paying less than what is promised, staying beyond I-94 authorized date, etc.
 
Thanks again for the very quick response. Its great that you know so much. I just have one more question.

If I ask my new employer to file a new H1-B and expedite the process, would it still mean that I may run into troubles? I definitely want to make sure of a smooth transition of a change of job.

I appreciate your input on this one too.
 
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