H1-B to Green Card

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tracyjNew Member
Topic author
Posts: 3
Joined: 15 May 2010

H1-B to Green Card

Post Sat May 15, 2010 9:10 am

I have been reading about applying to get a green card when currently holding a H1-B and I am still a little confused.

My husband holds a H1-B and I am currently on an H4. His employer is going to sponsor his GC application. From what I understand I will need to have a I-130 for spousal sponsorship, plus the I-485 for adjustment of status, plus the I-765 for employment authorization, and possibly the I-131 for advanced parole.
When can my application be submitted? Can I skip the I-130 and submit my I-485 with his?
I am mainly concerned about how long it will take for me to have my EAD. How long has it taken everyone else? The USCIS processing time chart is not clear.

Thank you!
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deaton333CanuckAbroad Regular
Posts: 34
Joined: 1 May 2009

Re: H1-B to Green Card

Post Sat May 15, 2010 2:12 pm

I submitted an employment based gc application in April, and it was confusing for me as well! You do not need to file an I-130, instead you file your I-485 as a dependent. The key to the gc process is your husbands I-140, on which both your I-485s are based. His employer will have to file this for him. Be sure to get advanced parole as well as EADS; as far as timing goes, my wife and I just found out our I-765s were processed and the documents ordered. Took just over a month after the application to receive that update, and they say it could be up to another 30 days before the documents are delivered. We applied concurrently to the Nebraska Service Center. Trackitt dot com has all sorts of data on questions regarding the time frame for approvals at various service centers, as does the USCIS website.
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: H1-B to Green Card

Post Sat May 15, 2010 5:29 pm

to be more explicit, you CANNOT file an I-130. that is for a US family sponsor. You are applying for GC as a derivative of your spouse's EMPLOYMENT-based GC petition.

You need to file an I-765 at the time you file his and your I-485s. This will allow you to work. It would be wise for your to file I-131, so that you will be able to travel if you get a job (since you won;t be on H4 anymore).
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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tracyjNew Member
Topic author
Posts: 3
Joined: 15 May 2010

Re: H1-B to Green Card

Post Thu May 20, 2010 1:03 pm

Thank you for your replies!
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