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Applying Green card-Through Spouse or Employer?

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  • Applying Green card-Through Spouse or Employer?

    Hi all,
    I am an alien, currently on H-1 status. It has been almsot 2 yrs since I got my H-1. I am planning to get married soon and my spouse will get her green card by the time I get married.
    Question is, will it be better for me to apply for a green card via my current employer, as I have still good 4 yrs period of H-1 left or apply through my spouse. My apprehension about applying green card through employer is that I 'll be tied up with him during the time i get my green card. On the other hand, I dont know that by applying through my spouse will keep me enabled to work on H-1 or any other status for that matter.
    Input will be appreciated.

  • #2
    Hi all,
    I am an alien, currently on H-1 status. It has been almsot 2 yrs since I got my H-1. I am planning to get married soon and my spouse will get her green card by the time I get married.
    Question is, will it be better for me to apply for a green card via my current employer, as I have still good 4 yrs period of H-1 left or apply through my spouse. My apprehension about applying green card through employer is that I 'll be tied up with him during the time i get my green card. On the other hand, I dont know that by applying through my spouse will keep me enabled to work on H-1 or any other status for that matter.
    Input will be appreciated.

    Comment


    • #3
      Do it with Employer. This is my personal opinion.
      A lot of people will say get it done with marriage but I think you will have a lot more to gain through Employer (if he is willing and capable to help you out).

      Pro & Cons

      1. You will get work permit through marriage a lot quiker than employement based petition but that won't help you that much as you are already on H1 (legally allowed to work) and employer seems to be OK (as he is willing to file GC).

      2. If you proceed through marraige, you will get conditional GC within two years (hopefully) and again you need to go back after two years to INS to remove condition on your GC. If anything goes wrong in your married life during those four years (till you get condition removed), you will be in trouble.

      With employment based category you don't have to worry about that as long as your employer is helping you and if your employer does that process using RIR method, things should be done in 3, 3 and 1/2 years.

      Hope this will guide you...

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