ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 3 123 LastLast
Results 1 to 10 of 26

Thread: Currently H-1B and my I-130 pending

  1. #1
    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. #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.

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

  4. #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.

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

  6. #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.

  7. #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.

  8. #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>

  9. #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).

  10. #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.

Similar Threads

  1. I-130 pending
    By CISCO in forum Immigration Discussion
    Replies: 6
    Last Post: 10-23-2009, 10:54 PM
  2. I-130 (245i) still pending while my I-130 approved
    By moondancefish in forum Immigration Discussion
    Replies: 2
    Last Post: 12-23-2007, 09:49 AM
  3. I-130 Pending Applications
    By cooks in forum Immigration Discussion
    Replies: 2
    Last Post: 10-20-2004, 04:37 PM
  4. i-130 pending
    By hishukhan in forum Immigration Discussion
    Replies: 7
    Last Post: 10-06-2003, 06:31 PM
  5. Mom's I-130 approved. Dad's I-130 pending...
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 10-02-2002, 08:23 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: