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Greencard holder's spouse status compared to H1 holders status

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  • Greencard holder's spouse status compared to H1 holders status

    A H1 holder's spouse can stay in the US with a H4 status. How come a greencard holder's spouse have to wait for 5yrs to come to the U.S. In my case, I have a H-1 status. My spouse works in a different state than me. He travels a lot as he is a consultant. I cannot move around that much. I want to leave my job in order to be with him. I know if I leave my job I will loose my status. Isn;t there any "legal" status like an H-4 for a greencard holder's spouse?

  • #2
    A H1 holder's spouse can stay in the US with a H4 status. How come a greencard holder's spouse have to wait for 5yrs to come to the U.S. In my case, I have a H-1 status. My spouse works in a different state than me. He travels a lot as he is a consultant. I cannot move around that much. I want to leave my job in order to be with him. I know if I leave my job I will loose my status. Isn;t there any "legal" status like an H-4 for a greencard holder's spouse?

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    • #3
      Big difference between applying WITH ones spouse for a green card and applying after they have a green card.

      I don't know why this is.

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      • #4
        This is because an H1/H4 is a *non-immigrant* visa/status. Green card is an *immigrant* (permanent resident) status. Big difference. If you didn't obtain a green card with your spouse you are a subject to a numerical (annual) immigrant visa numbers limit as set up by Congress. travel.state.gov has a visa bulletin that shows current dates - *immigrant* visa petition (I-130) was filed on or prior that date for a visa number becoming available.

        Cheers.

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        • #5
          Everyone forgets the H is a nonimmigrant visa because they are allowed to have an immigrant intent.

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