needtoknow1
New Member
I am having some concern about a H1B to green card process and need clarity. My fiance is on H1B visa. He already was on his H1B for 3 years in a previous company, switched to a new company and received another 3 years on H1B from this new company. Currently, he has 2 more years on H1B with the new company. He is applying for green card early next year with this new company and waiting for their approval. I am a US citizen on the other hand. I have some questions, they are a few scenarios that could happen. I basically want to sponsor him in place of the company after we get married. But I want to be assured after marriage that I still have the power to do so. If his green card application is rejected, I can't just deport the country with him. So I need to know what things to look for ahead of time:
-If his company sponsors for his green card, will he get a notification saying so from them? Since we are planning to get married later next year, I want to be able to sponsor him for the green card instead of his company (which takes a longer time). How can I guarantee before we are married that I will have the legal authority to sponsor him after the marriage? What documents from him do I need to have? I don't want to get into a situation where his company initially sponsored for his green card, we get married, then I can't legally sponsor him after marriage because USCIS did not get an approved document. Then I can't do anything for him then even with my US citizen status & he must deport.
-If his company doesn't sponsor his green card, he only has 2 years on his H1B visa correct? I understood it that H1B is valid for only 6 years total, and extensions beyond that are given in special circumstances. Well he already completed 4 out of the 6 years now. Is there any way he can get another H1B extension? Is there anything called unlimited extensions of H1B where he can keep extending it to stay in US? He mentioned this but I don't know what it actually involves.
-If I get a copy of the I-140 form approval from him/his company, is this enough to show USCIS I have the power to sponsor him after marriage? If his I-140 isn't approved, does this mean he will need to leave after his 2 years on H1B are up? And if yes, and I do marry him anyway, is there anything I can do as a US citizen to keep him in US even then, any forms I can file?
-If his company sponsors for his green card, will he get a notification saying so from them? Since we are planning to get married later next year, I want to be able to sponsor him for the green card instead of his company (which takes a longer time). How can I guarantee before we are married that I will have the legal authority to sponsor him after the marriage? What documents from him do I need to have? I don't want to get into a situation where his company initially sponsored for his green card, we get married, then I can't legally sponsor him after marriage because USCIS did not get an approved document. Then I can't do anything for him then even with my US citizen status & he must deport.
-If his company doesn't sponsor his green card, he only has 2 years on his H1B visa correct? I understood it that H1B is valid for only 6 years total, and extensions beyond that are given in special circumstances. Well he already completed 4 out of the 6 years now. Is there any way he can get another H1B extension? Is there anything called unlimited extensions of H1B where he can keep extending it to stay in US? He mentioned this but I don't know what it actually involves.
-If I get a copy of the I-140 form approval from him/his company, is this enough to show USCIS I have the power to sponsor him after marriage? If his I-140 isn't approved, does this mean he will need to leave after his 2 years on H1B are up? And if yes, and I do marry him anyway, is there anything I can do as a US citizen to keep him in US even then, any forms I can file?
