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I-130 or I-140? Help?

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  • #16
    Illinois

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    • #17
      NSC is one of the faster service center. Based on their current timeline, it'll take 3-4 months to get your H1-B. But your company can start the GC process in the same time as well. Advertisement will take a few weeks, then filing of Labor Certification via RIR probably will take 6-12 months judging from Labor Dept. timeline for Illinois (if through regular, might as well forget it). After that you can file your I-140/I-485/I-131 concurrently, and receive your AP in about 3-4 months time.
      So, taking the optimistic route, it'll approximately take you 1.5-2 years from now to get your AP if you go via the employment route.

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      • #18
        Yeah, then maybe it is not worth it paying what - $5000 for a green card via employement just to go back home a year earlier than via my I-130 marriage based, right?

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        • #19
          You don't state in you query what immigration status you now have -- are you now in lawful non-immigrant status? For example, unexpired F-1 status?

          If not, then you can't obtain an H-1B visa (or any other NIV) without departing from the US and going through consular process. If you have been in US either out of status or have violated status, say by working w/o permission for more than 6 months, you may face a 3 year bar against coming back again if you have to leave to consular process the H1-B. (10 years if you depart after more than one year out of status).

          If this is your situation, then your only choice is to wait for the marriage based adjustment process, which you can begin either when your spouse becomes USC or your Priority Date for the I-130 becomes current.

          If you were an F-1 for duration of status (rather than a specific expiration date on your I-94), but have stopped studying or have worked w/o permission, then the clock does not start running on unlawful status for purposes of the 3/10 bar until the INS makes a determination that you are out of status. Under this circumstance, you would still have to go out of the US to get your H1-B, but would not be subject to 3/10 bar unless you accrued at least 6 months ULP after the INS makes the OOS determination, before departing US.

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          • #20
            I didn't say I'm overstayed, I did even mentioned such thing - I'm legal! And yes, I have a current H1 status which I will be maintaining!

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            • #21
              good! then just check the processing times for I-130 versus I-140 in the jurisdiction where you live, and keep both doors open.

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              • #22
                Well, I did and the time line as long as I understand for advance parole trugh emloyment is about an year, when my spouse is expected to become a citizen in 2005. So I don't think it's worth it to pay $5000 (was it that much for GC employment based) just to able to go an year earlier back home, right? What do you think?

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                • #23
                  May I ask why are you so concerned with which way to is the faster way to get AP if you'll/already have H1-B ready to go? That should be good for travelling for 3 years, and by that time the I-130 should be approved. I just don't see the point of even entertaining the thought of pursuing GC through employment (and wasting $$$ just like you said), unless there's some foreseen problem in marriage that might cause I-130 to get cancelled.

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                  • #24
                    Yes, the reason is because many H1 experienced not comming back to America because of denial of visa from I've heard and guess what, dude - my spouse is here - we are not considerining separation as an option!

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                    • #25
                      I see. If H1-B revalidation in St.Louis is not an option, then yes, AP is probably the safest way to travel. But I've also heard people that used AP to travel has been increasingly scrutinized as well, its a no win situation until you got that GC.
                      As for GC cost, I think its going to cost about $5000-10,000. If you're loaded, then it might not be a problem, but if you're scrapping bottom like me, well...thats lots of $$$

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