Temporary EAD based on marriage with USC while GC in progess

K

kmalar

New Member
Hi


I am on H1 and my labor was cleared in Nov 2006. My company is yet to apply I140 and 485. Mean while I got married on Jan 25th 2007, my spouse is a US citizen. Should I still go ahead with my GC processing with my employer or apply for I130 and get my temporary EAD. Please advice. I am on my 8th year extension of H1 visa.

Thanks, With Much Regards,
Malar
 
Your spouse can petition you for a Green card . You can apply for a EAD , as a part of this process. However you need to drop the employment-based GC process. An individual can petition for a GC through one source ...employment or Family ...Not both .


kmalar said:
Hi


I am on H1 and my labor was cleared in Nov 2006. My company is yet to apply I140 and 485. Mean while I got married on Jan 25th 2007, my spouse is a US citizen. Should I still go ahead with my GC processing with my employer or apply for I130 and get my temporary EAD. Please advice. I am on my 8th year extension of H1 visa.

Thanks, With Much Regards,
Malar
Click to expand...
 
umd_mba said:
An individual can petition for a GC through one source ...employment or Family ...Not both .
Click to expand...

Not at all; you can have multiple permanent residency petitions of different types in process. However, it's probably MUCH faster to have the USC spouse petition rather than the employer.
 
umd_mba said:
Your spouse can petition you for a Green card . You can apply for a EAD , as a part of this process. However you need to drop the employment-based GC process. An individual can petition for a GC through one source ...employment or Family ...Not both .
Click to expand...

Hi:

Sigh. Where did you learn that? There is nothing wrong with pursuing both causes. However, as has been pointed out, family-based in your case will be almost certainly be much faster.
 
Good and bad. Family based is much faster than employment based. It takes 6 month for family based and at least 2 years for employment based. However, you only get conditional one through the family.
 
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