If you’re an H-1B holder who fell in love and married an American or a lawful permanent resident (green card holder), you can apply for a marriage-based green card to ensure you’re able to stay in the United States permanently and continue working. A green card also gives you an eventual pathway to U.S. citizenship. One of the most common paths to a green card in the United States is through the green card marriage process, but it is not without risks. A green card also gives you an eventual pathway to U.S. citizenship. This process is officially known as “adjustment of status.” Before applying, it’s important to be aware of your eligibility and any potential issues you may face in the process. I am working at a company in VA and I got married in Michigan to … if you use EAD for employment, then you will no longer be in H1 B status, that means if your GC is denied you will no longer be in status. If you m... After you complete these forms, you should send them back to the NVC for processing. Unlike H1B Visa, the “Green Card” is a document that gives a foreign individual the right to reside permanently in the U.S. The United States government considers your marriage legally valid for immigration purposes if your marriage is officially recognized by the government in the country where your marriage took place. How to change status from H-1B to marriage green card if your spouse is a U.S. citizen. 1) I would like to know if I could start my green card processing through my husband? For H1B visa holders NOT born in India or China, it can take roughly 18 – 30 months to get your green card once you initiate the process. Consular processing is the process of applying for a green card by using the consulate or the U.S. Embassy in a different country. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery. Step 2: Adjustment of Status/Consular Processing In order to become a citizen, you must first obtain a green card through the means we outline in this post. Hi. While you have H1B eligible employment in the US, you may remain in the country with your spouse during the application process for a green card. Other Paths through the H-1B Green Card Process. This includes fraud related to H-1B visas, H-2B visas, EB-5, asylum, marriage, and other immigration benefits. I am new to this forum and I apologize in advance if the topic has already been discussed, if yes kindly direct me. I am working in US on H1B visa... Google Jooglet Oct 19 ... My I-797 is valid with the new company until Jan 2021. Transferring a H1B Visa to a Green Card The H1B visa is the most popular non-immigrant work visa for the U.S. We work hard to make your immigration case easy for you. If your spouse is a U.S. citizen, it is much easier for you to obtain a marriage-based green card through adjustment of status. If you’re an F-1 student who recently married a U.S. citizen or green card holder (permanent resident), you can apply for a marriage-based green card to stay and live with your spouse in the United States. ... H1B visa etc. I haven't started the green card via employment process with Google, my currently company, because I figured it didn't matter because of the impending wedding. The key difference between an interview at a U.S. Embassy or Consulate and in the country is that both the spouse and … Then the only way is to get another H1B sponsoring employer. However, why are you that worried? The EAD/AP is based on the marriage and if it's rea... The H1B is a non-immigrant visa. My partner and I just got married a few days ago. My h1b expires in December 2014. Green Card through Marriage. We would like to start the process of the green card application. If you are currently in the United States, in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements: You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;; You were inspected and admitted or inspected and paroled into the United States; You are physically present in the … H1B to GreenCard through marriage. H1B to GreenCard through marriage Sign in to follow this . While one spouse has H1B status, which can be kept during the green card process, the other spouse is eligible for H4 status. You can have it and be married to a US citizen. I am a French citizen working under an H1B visa. Followers 0. H1B visa to Green Card: how-to. If she loses the H1B before you are married, speed up your marriage plans. A marriage based green card is a family based green card that grants eligible spouses of US citizens or permanent residents a US green card after marriage. Marrying an American citizen is the easiest and fastest way to acquire the US permanent resident card (commonly referred to as Green Card) to permanently live and reside in the United States. Once you are a lawful permanent resident, you will need to make sure that you qualify, meaning that you have either been a green card holder for five years, you have been married to a U.S. citizen for three years, or you have served in the U.S. military. The total application processing time takes anywhere from 10-13 months for the entire marriage-based green card timeline. Yes Well, H1B is employer-specific, you can only work for that employer. Without EAD, you cannot work for a different employer. If you have EAD, th... Will I be able to switch jobs based on EAD once I get the authorization? As soon as I start working on EAD will that make my H1B invalid? Hi I am on my H1B visa in USA since Jan 2006.I got married to a Permanent resident in US while I am on my h1B. The Marriage Based Green Card Interview - A Quick Guide - San Diego Immigration Lawyer Marriage to a US citizen or US permanent resident will allow the H1B holder to apply for immigrant status by seeking a ‘green card through family’. + How does the H-1B to marriage green card transition work? Filing for green card through marriage (I-485/I-130) while H1B is pending. H1B Visa to Green Card Process Steps (2019) The H1B to green card process is straightforward, but you’ll want to begin the process as soon as you can. 7. The process of getting a Green Card through employment is called the H-1B to Green Card transfer. This assumes no delays such as RFEs (requests for evidence). Schedule a Consultation - Call (619) 819-9204 - Law Offices of Jacob J. Sapochnick is dedicated to serving our clients with a range of legal services including Immigration and Green Card cases. For a complete list of possible relationships, view the immediate relative and family preference categories. This is only for heterosexual married couples; same-sex couples get no immigration benefits from … i765 for EAD and i131 for AP, free to file and good for backup. you don’t get EAD without submitting i765. I864 from your spouse i485 that you’ll b... H-1B holders seeking a green card through marriage to a permanent resident face a more complicated process and longer wait times than applicants married to U.S. citizens. With an Eb5 petition, once the I-529 is approved, your spouse can obtain an EAD within 90 days. H1B to Green Card. Use this easy guide to help you organize the documents that you would use if you are eligible to submit an application for a marriage-based green card application. Marriage to a US citizen or US permanent resident will allow the H1B holder to apply for immigrant status by seeking a ‘green card through family’. While you have H1B eligible employment in the US, you may remain in the country with your spouse during the application process for a green card. Marriage-Based Green Card Document Guide. 09/21/2016-We received your Form I-765, Application for Employment Authorization . It is also a family-based immigration method – but unlike the other options where you have to be in the United States, you may petition this from outside the country. I did the application myself. A green card through marriage allows a U.S. citizen spouse to live and work in the United States. One way we protect the immigration system is by making it easy for you to report immigration fraud and abuse through our online tip form. Finally when the I-485 is approved a green card is given to the foreign worker. I have been married for 3 years and am now applying for green card through marriage. Filing for green card through marriage (I-485/I-130) while H1B is pending. To be eligible for a Green Card through marriage, you must show USCIS four things: Your marriage is legal. Allthebest By Kumarp200, November 8, 2019 in Adjustment of Status from Work, Student, & Tourist Visas. Indian nationals in H1b status who have an approved I-140 in the Eb2 category could face a 20-25 year wait. Green Card to citizenship. It also allows applying for a Green Card in the future. To be eligible for this type of Green Card, you must meet one of the following sets of conditions: First preference immigrant worker (EB1) At least one of the following must apply: If the process takes longer than expected, am I still allowed to work under my H1b after December 2014 knowing that I am in the green card process? 11/23/2016 -We ordered your new card. NVC will then send you Form IV or Instructions Package for Immigrant Visa Applicants, which costs approximately $400. If you file an application to adjust your status to lawful permanent resident through Marriage to a USC, then you would be seeking immigrant status. Some couples think a marriage certificate is all they need to prove … 2) How long can I stay on my H1B and when should I get my extension of H1B? and needs to switch to a permanent visa status as the one granted with the green card. How Long Does It Take to Switch from an H-1B to a Marriage Green Card? Having a green card or a Permanent Resident Card will ensure your spouse “a lawful permanent resident” status until they decide to apply for U.S. citizenship, which they can do after three years. Below we’ve listed the three main green card process steps to apply for your green card, and what should be done in each one: Apply for PERM Labor Certification; Submit Form I-140; Submit Form I-485 In addition to the marriage-based path, there are other family categories which could make an H-1B nonimmigrant eligible for permanent resident status in the United States. Hi Reddit, hopefully someone can help me here as i have a complicated question and trying to figure out if I'm getting it right. If you marry a U.S. citizen or lawful permanent resident, then your spouse can file a petition, Form I-130. My application is still pending, applied 9 months back. Even if you have overstayed a visa, worked unlawfully in the United States, or accrued unlawful presence, you may still be able to apply for a green card through marriage to a United States citizen. The H1B holder can then apply for an adjustment of status while in the USA to permanent residency and can apply for work authorization (EAD) and advanced parole (travel permission) at the same time. Is Your Marriage “Legal”? It can be obtained through several immigration tracks such as employment-based, family … Protecting the integrity of the immigration process is a priority for USCIS. Although approval is not guaranteed, US green card through spouse is often one of the fastest ways to obtain permanent resident status, given that the applicant and his or her spouse correctly follow all of the steps … Consequence of Delaying the Green Card Process. Hi, my case might sound very confusing. 11/28/2016- We mailed your new card to the address you gave us. I recently applied for marriage based green card and I am on H1B. H1-B to Marriage Green Card - Travel and EAD questions. You will need to file Form I-130, called “Petition for Alien Relative” or the family sponsorship form, to first inform U.S. H1B to Green Card via marriage. Once you file applications for green card, you cannot file an extension of your H1b. Green Card. Form I-130 allows you to file Form I-485 with USCIS. Here is breakdown of each step and the estimated processing time: Step 1: Filing I-130 USCIS typically takes anywhere from 6 to 12 months to process an I-130 for a green card through marriage case. If the H1B visa comes to an end before the green card is granted, you … I had a DUI 7 years ago and now I have an H1B and work as professor of mathematics at a local college. So I am currently on F-1 status, and I am authorized to work through my STEM OPT period which is going to … Free Download! Also, the Eb5 program is beneficial for people who have spouses who are currently unable to obtain an Employment Authorization Document (EAD). ... you can apply for a marriage-based green card to ensure you’re able to stay in the United States permanently and continue working. Citizenship and Immigration Services (USCIS) of … H-1B holders seeking a green card through marriage to a permanent resident face a more complicated process and longer wait times than applicants married to U.S. citizens. As we mentioned above, the timeline for getting a marriage-based green card will depend on whether you’re married to a U.S. citizen or green card holder: Spouses of U.S. citizens usually need to wait between 10 and 13 months to receive their green card. A green card generally expires after 10 years, so you must remember to renew it. For example, if you are married to a US citizen, apply for a Green Card through marriage With H1B status, you would usually apply for a Green Card through employment. How Long Does It Take to Get a Green Card Through Marriage? If file together with EAD, most likely you will get what's called a combo card (both EAD and AP in one card). Probably the most common way to go from F1 to green card is through marriage. It is possible to become a U.S. citizen after spending a total of 10 years in the country, with the help of a green card. TN Visa to Green Card through Consular Processing. Thank you. I have requested for my disposition letters. These are technically optional (especially for you, since you have H1B), but highly recommended: I-765 (EAD) and I-131 (AP- Advanced Paroled-Travel... If you are working through the OPT program when you apply for a marriage-based green card, you may generally continue working under your F-1 visa. This article will explain how to obtain a Green Card on an H1B work visa study and the documents you need to provide. I didn't submit the I864 as I have worked in USA in H1B for more than 10 years now and that makes me eligible for not needing a sponsor. I-485 1/27/2017, we approved your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC YYYY X. Like the spouses of citizens, H-1B holders married to green card holders must file the family sponsorship form ( Form I-130 ) to establish their relationship, and the green card application ( Form I-485 ) … If your spouse or parent is in the process of securing a green card, you may apply for a green card … The United States Citizenship and Immigration Service is asked to have the status of a worker adjusted from a legal H1B visa to a green card through the filing of the I-485 petition. Do I really need an attorney to go with me? Then should I not apply for EAD and just stay on H1B until GC gets approved? What are the chances if everything is legat and have been filed proper... Those who are processing the H1B to Green Card electronically will have to complete Form DS-261 instead of DS-3032. Number One: F1 To Green Card Through Marriage. Thanks Much! Report Fraud. I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. 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