I-130 or I-140? Help?

Hi! Guys, please give me an advice. My situation is like this: I'm waiting for an H1 approval, employer willing to sponsor for a green card after that, but at the same time I have a I-130 pending for spouse of a green card holder. The green card holder won't become a citizen before 2005 (can apply end of 2004). Should I wait for my spouse to become a citizen or should I file for a green card thru employment? Whichever would be faster in your opinion? Thank you all!

Hi! Guys, please give me an advice. My situation is like this: I'm waiting for an H1 approval, employer willing to sponsor for a green card after that, but at the same time I have a I-130 pending for spouse of a green card holder. The green card holder won't become a citizen before 2005 (can apply end of 2004). Should I wait for my spouse to become a citizen or should I file for a green card thru employment? Whichever would be faster in your opinion? Thank you all!

You don't have to wait till your spouse becomes a citizen. As long as she as an LPR she can file the petition on your behalf.

Marriage based petitions tend to be a little bit faster but this is not an exact science as case by case differs.



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No, you don't understand, my spouse has filed the I-130 already. My question is because that petition is expected to be approved in 2005 if I file I-140 thru employer in few months would I be able to adjust status before 2005 based on my employment or it's not worth it filing a second immigrant petiton?

Do you already have your EAD through your spouse? If so I wouldn't bother filing again.

The H1-b visa allows dual intent so the fact that you have a pending i-130 should have no effect on your h1-b.

I don't have an EAD, beacuse my spouse is an LPR, not a citizen yet! I wish there is someone who knows enough to respond to that issue..

Of course my H1 doesn't efect my I-130, but this is not what I'm asking here, you guys!

There is a lot of uncertainty about the timing of I-130. Even when your spouse applies for naturalization at the end of 2004, it may take her another 1-2 years to become USC.

It makes a good sense to get I-140 process going. Also consider DV path.

Good luck.

Why should it take a year or 2 for a citizenship when our friends resently got it for 6 months from the day they applied?

Because processing times varies at the whim of the INS officer, as well as the background cheque and thousand other things that might delay the process....

As for the GC through employment, Labor certification is really being scrutinized right now. Depend on the state, it might take 1-2 year to get the LC. I-140 will take 6 months after that, and AOS via I-485 might take 2 years if not more(depend on Service Center). So you're looking a good 4-5 years for GC through employment.

My opinion, if the company is willing to sponsor, might as well take advantage of it. You never know what will happen several years ahead, and when the time comes when the wife is USC, you could check back and consult whether its better to withdraw the current I-485 and let her petition you or not.

Yeah, but the company is willing to sponsor me with my own money for that. I'd like to somehow find out whether if I had both petitions I would be able to travel on advance parole faster thrugh employment or marriage pettion, because there is really not need to waste money on employment GC if it won't make back it faster. That's all folks!

If you do not currently have an EAD, do not abandon you H status. A filed I-130 will not allow you to continue working. You will not get the EAD until after you file the I-485, so keep the H for now.

I always say that two heads are better than one and the same is true with immigration. If the employer will file the I-140, go ahead and file it. You can have both on file with no problems as they are both immigrant intent petitions.

Please let me know if you have any additional questions at info@myronmorales.com

Thanks, Mmorales. I know what my rights are in my case, what I'm trying to guess here is only the time until my advance parole in both cases (I-130, I-140). I don't care about a green card via employment, because I'm going to have it trugh my marriage anyways, so I'm just trying to guess if there is a chance for me to get an advance parole via I-140 earlier that with my spouse becoming a citizen, nothing else matters in this case.

Which state are you in?