What Is The Process To Acquiring a Green Card If I was Already approved but not eligible for status

[locolbd]

Hello to anyone out there willing to answer my questions.

I came to the USA on a student visa with no intention to stay. However, I was offered some opportunities which I could not refuse after college.

After college, I was eligible for a 1 year student work visa. While working I applied for a green card through my mother who is a Permanent Resident. The USCIS then approved my application but said I was not eligible for a status change because I was over 21 and my mom was not yet a citizen.

About the time my 1 year student work visa was about to expire I was eligible for a STEM 17 month extention visa which I am currently using to work. However it expires at the end of November 2012.

The silver lining is that I am about to marry my girlfriend/fiance of two years this month and she is a citizen.

My questions are as follows:

1. If I apply for my greencard this month would I have to stop working since it takes approx 90 days for a work visa to be issued barring no problems with immigration and my 17 month STEM extension work visa expiring at the end of November.
2.Can I apply for other jobs before my visa expires and before i acquire a work visa?
3. How would I alert the USCIS that I already applied for a green card via my mom?

Thanks in advance for you help.

 

[ananga73]

1. Yes you would have to stop working when your current authorization expires until they approve your work authorization from your green card [through your wife] application. It takes about two to three months from the time you submit your application to get the authorization.
3. You can apply for other jobs BUT do not start working until you get the new authorization
5. When applying, let them know you have a pending application through your mother [although they are likely to already have that info].

Congratulations on your pending nuptials and Good luck. Remember the woman is always right and you will be fine.

My questions are as follows:

1. If I apply for my greencard this month would I have to stop working since it takes approx 90 days for a work visa to be issued barring no problems with immigration and my 17 month STEM extension work visa expiring at the end of November.
2.Can I apply for other jobs before my visa expires and before i acquire a work visa?
3. How would I alert the USCIS that I already applied for a green card via my mom?

Thanks in advance for you help.

 

[Jackolantern]

1. If I apply for my greencard this month would I have to stop working since it takes approx 90 days for a work visa to be issued barring no problems with immigration and my 17 month STEM extension work visa expiring at the end of November.

Yes, you're supposed to stop working if you don't get the new employment authorization card before the existing one expires. However, that doesn't mean you have to quit the job altogether; just stop working in the interim between the existing card's expiration and the issuance of the new card.

I hope you already made the appointment for the I-693 medical with a designated civil surgeon. It can take a couple weeks to get the results, you need to have the results to send with the I-485. Ideally you want all the paperwork ready in your hand by the time you get married, so you can send it the same day or next day and improve the chances of your new employment authorization being approved before the existing one expires.

2.Can I apply for other jobs before my visa expires and before i acquire a work visa?

Apply, yes. Work, no.

3. How would I alert the USCIS that I already applied for a green card via my mom?

On one of the forms there is a question about whether you applied for a green card before, and what the outcome was.