Can I apply for a marriage-based green card while on H1B? - Immigration Law Questions and Answers- LawQA.com

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Can I apply for a marriage-based green card while on H1B?

Hi, I'm soon getting married to a US citizen and we've been discussing how the green card process will be. I'm currently in the US under a H1-B work visa. I have some questions on what to do next: 1. How soon can I apply for a green card after we get married? 2. Do I benefit from applying immediately or should I wait some years? 3. Can I do a green card application while still using the H1-B to work (and travel, as my work requires me to go out of the country quite a bit). I've heard that, while on the Green Card process, it's not recommended to get out of the country. 4. Will applying for the green card annul my current H1-B? Thanks for the help!

Law Offices of Svetlana Boukhny
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Yes, you can apply for the green card on the basis of marriage literally the day you get married provided you have your marriage certificate. It will not affect your h-1b status.

Answer Applies to: California
Replied: 4/24/2014


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You can marry your US citizen boyfriend and thereafter concurrently file Form I-130 petition and the I-485 [Green card] You will be interviewed within about 6 months of filing your paperwork If all goes well, you will become a legal resident. But I urge you to contact an immigration attorney.

Answer Applies to: New York
Replied: 4/14/2014

Answer By Bruce Coane
Coane and Associates
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I would suggest seeing a board certified lawyer such as myself with all of your questions. generally there's no reason to wait and certainly no law about waiting.

Answer Applies to: Texas
Replied: 4/14/2014

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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(1) You can file at any time after the marriage. (2) You would best be advised to file sooner rather than later. (3) Yes, but during the green card process you can request employment authorization and advanced parole, which means you would not necessarily need to continue working for the same employer. (4) Filing for a green card does not nullify H-1B status until it is actually approved.

Answer Applies to: New York
Replied: 4/14/2014

Richard S. Kolomejec, Attorney at Law
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You can apply right away for the green card. There is really no reason to wait. The entire process only takes 3 months from start to finish. And the good news is that you can continue to use the H-1B visa throughout the entire process.

Answer Applies to: California
Replied: 4/14/2014

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