My husband is a LPR. He will apply for an I-130 for me. It will take 5 yrs before I can file for I-485. My H1-B expires in 3 yrs. If my employer decides to apply for my I-130 in the 5th year will it conflict with the previous filing. My understanding is that if I do through the company using PERM then it will take less time. What is the solution?

Also in case H1-B is extended for the seventh eight etc, in what basis it will be extended - only when appying through company or through my spouse. Which is legal?

If I do transfer my H-1 does the job title and position have to match in order for extension? Its not that easy to find the same position.

If all options fail can I go back to a F-1 visa. I heard its very difficult to go back to that status.

Please HELP

Hi simran...

It is too early for you to worry about filing for greencard on marriage based or employment ..... if your husband is LPR then visa dates are not current for you so no need to worry...just stay on H1B...u can get 3 yrs extension also ... meanwhile if your husband becomes citizen before your company files for greencard then I would choose marriage-based application .... 2 benefits ...

1. you get 10 yrs GC right a way
2. you become eligible to apply for citizenship in 3 yrs only instead of 5 yrs if you go through employment ...

if ur husband doesn't become USC and u have hard time to get extra extension for H1B then go through employment ... no need to worry right now.... u good enough options ...good luck...Pasha