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Currently H-1B and my I-130 pending

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  • Currently H-1B and my I-130 pending

    Hi,

    I am currently in 2nd term of my H-1B (about 2 years left)and also I got married to GC holder and filed my I-130 about 2 1/2 years ago.

    My I-130 was approved about 1 1/2 year ago, but I still have to wait more than 2 years for the GC to be available. (Texas office is way behind in processing time)
    I believe by the time my GC gets available, my H-1B will expire and my concern is that I have to leave US and go back to my home country and stay there until my GC becomes availalbe.

    Is there anything I can do so that I can stay with my husband. I don't need to work, I just want to stay with my husband in US.

    Please help me.

  • #2
    Hi,

    I am currently in 2nd term of my H-1B (about 2 years left)and also I got married to GC holder and filed my I-130 about 2 1/2 years ago.

    My I-130 was approved about 1 1/2 year ago, but I still have to wait more than 2 years for the GC to be available. (Texas office is way behind in processing time)
    I believe by the time my GC gets available, my H-1B will expire and my concern is that I have to leave US and go back to my home country and stay there until my GC becomes availalbe.

    Is there anything I can do so that I can stay with my husband. I don't need to work, I just want to stay with my husband in US.

    Please help me.

    Comment


    • #3
      Hi, when you/your husband filed the I-130, did you file the I-485 application with it?

      Comment


      • #4
        NO,
        I believe, I cannot file I-485 unless GC is availalbe. If you go to http://travel.state.gov/
        it is still processing Mar 02'. So I have to wait another 2 years or so for the GC to get available even though my case was approved.

        Comment


        • #5
          there is nothing to stop u filling out the application and sending it off.

          Comment


          • #6
            Thanks for your response.


            Please note that I did not file for GC based on the employment category. I have filed for it based on the family category. While I was on an H1B, I got married to a person who was already a resident.

            We first petitioned the I-130 application which was processed and approved in about a year. Now in the case of family based GCs, there has to be a visa available before one can apply for the adjustment of status (I-485). According to the travel.state.gov site, one can apply for an adjustment of status if -



            Aliens described by section 203(a) of the Act as the qualifying relative of a U.S. citizen or lawful permanent

            resident alien, and are filing based on an approved Form I-130;



            You may apply to adjust status if:



            An immigrant visa number is immediately available to you

            based on an approved immigrant petition; or



            You are filing this application with a completed relative

            petition, special immigrant juvenile petition or special

            immigrant military petition which if approved would

            make an immigrant visa number immediately available

            to you.



            Based on being the spouse or child (derivative) - at the

            time another adjustment applicant (principal) files to adjust

            status or at the time a person is granted permanent resident

            status in an immigrant category that allows derivative status

            for spouses and children.





            According to the above, I take it I would have to wait until a visa becomes available for my priority date i.e. September 2004.



            Thanks again for your responses in advance.

            Comment


            • #7
              Hi FLwife, I apologize for overlooking that you are married to a GC holder.

              I was just wondering, do you think that you would be able to extend your H1B status by one year increments? Would you be able to adjust status based on employment?

              In the meantime, maybe your husband can apply for naturalization.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hi FLwife, I apologize for overlooking that you are married to a GC holder.

                I was just wondering, do you think that you would be able to extend your H1B status by one year increments? Would you be able to adjust status based on employment?

                In the meantime, maybe your husband can apply for naturalization. </div></BLOCKQUOTE>

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hi FLwife, I apologize for overlooking that you are married to a GC holder.

                  I was just wondering, do you think that you would be able to extend your H1B status by one year increments? Would you be able to adjust status based on employment?

                  In the meantime, maybe your husband can apply for naturalization. </div></BLOCKQUOTE>

                  Ladies, may I ram in?

                  FLwife, you could be from any country except Mexico based on the visa priority that you mentioned (I-130) Philippines, India, China...

                  Which gap will close sooner: 03/02 to 09/04 or your spouse's N-400 application? When your GC husband becomes USC and he files a spousal petition on your behalf, your nonmaintenance of your nonimmigrant status will be pardoned.

                  Whereas, if you would opt for the employment-based alternative, txgirl was correct that you could extend your H1B status in one-year increments up to three years... provided that you have a laborcert/PERM with priority date that's at least 365 days away from the last day of your sixth year as an H1B worker (as per AC21 Act of 2000).

                  Comment


                  • #10
                    You can request forms via uscis web.
                    Ask them to mail you a Adjustment Packet Information Sheet with all the forms to file for adjustment.

                    Comment


                    • #11
                      Thank you all for the information.

                      My husband received his GC on 03/04', and I believe you have to be in US for 5 years to be able to apply for US Citizenship and it has been for about 3 years so far. (03/09')
                      So it is going to be a close race that which one comes first. Meanwhile I will need to go back to my home country.

                      And about the employment base opt, I am aware of the option that I can take.

                      So there are no other way other than apply GC through my employer for me to be able to continue stay with my husband in US...

                      But I should feel lucky that I have some options at least. Some people even don't have options as mine.

                      Anyway, I wanted to thank you all for your advice and please let me know if anything you find, thank you

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I believe by the time my GC gets available, my H-1B will expire and my concern is that I have to leave US and go back to my home country and stay there until my GC becomes availalbe.

                        Is there anything I can do so that I can stay with my husband. I don't need to work, I just want to stay with my husband in US. </div></BLOCKQUOTE>

                        You don't need to work, yet you applied for a Work Visa?

                        What have you been doing all this time?

                        Comment


                        • #13
                          I have been working under H-1B.

                          Does anyone know what happens while I am waiting for the Processing date becomes current, my H-1B expires and I will go back to my home country and wait untill it bacomes current. Then it becomes current and I will apply for my I-485 from my home country...my question is can I travel to US to visit my husband while my I-485 is pending? Or do they refuse me from entering the country?

                          Comment


                          • #14
                            Hi FLwife, do you think filing I-539 would be applicable in your case? Have you asked for legal advice?

                            Comment


                            • #15
                              Hi texgirl, Thank you for the info!
                              Do you think I can file for I-539!?
                              I have to look up the I-539 and find out what those requirements are for...
                              I haven't spoken to any lawyers yet.

                              Comment



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