V Visa

I came to the US in H1B. never worked. It expired last year and I got transfered to another company for 3 more years. my I-94 expires in 2005.I had worked illegally for 5, 6 months during the first H1B. My husband has filed I 130 for me(before I came here) and I can apply for V visa in this september. Also my husband will be eligible to apply for citizenship in this September. My question is, which way is safe and fast for us.
a) If v visa, then should I apply here or in our home country
or
b) wait until he become a citizen and apply for a I -485

Could you please give me an idea about how long should I wait to visit my parents.

Thank You,

Aswini

I came to the US in H1B. never worked. It expired last year and I got transfered to another company for 3 more years. my I-94 expires in 2005.I had worked illegally for 5, 6 months during the first H1B. My husband has filed I 130 for me(before I came here) and I can apply for V visa in this september. Also my husband will be eligible to apply for citizenship in this September. My question is, which way is safe and fast for us.
a) If v visa, then should I apply here or in our home country
or
b) wait until he become a citizen and apply for a I -485

Could you please give me an idea about how long should I wait to visit my parents.

Thank You,

Aswini

[Umesh Passi]

Since your I-94 is valid till 2005, then you should not worry about anything. You know your husband can apply 90 days prior to his 3rd or 5th anniversary of GC/AOS. It will be better for you to wait for him to become a USC then he can send a letter with copy of Naturalization Certificate to Immigration to upgrade your petition. Then your category will be changed from B-2 to IR1 and you will be able to adjust your status here.
Good luck.

Thank you Umesh. Is there anyway I can visit my home country while waiting for GC?