QUESTION
How can I adjust my H1B status to green card status?
Asked on Jun 10th, 2011 on Immigration - New Jersey
More details to this question:
I have a valid H1B visa for 3 years and am currently working under this visa in the USA. I am married to a US citizen and we are wondering whether to apply to adjust my status to a green card, however until July next year we have been married less than 2 years. Can I work under my H1B visa while applying for the green card or will I need to stop working for a while until the work permit comes through? Is there any problem with staying/working on my H1B until July next year when we have been married 2 years and then applying for change of status? Also theoretically if my H1B visa was to end through loss of job for example if we filed the green card paperwork would I be able to stay in the US or would I need to leave and apply from my home country.? Thank you.
2 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
Update Your Profile
As a general matter, it sounds like you are in valid status on an H-1B visa. You can apply for a green card now via your marriage to your wife. If married under two years when the case is determined, you will get only a two year green card that you can then extend later. It sounds like you are trying to wait until then to file, in order to get the ten year card. That is an option. Once you file for a green card in the US, you are given status under that. You are able to work on your H-1B as long as it is still valid and you don't violate any of the terms for that visa. At the same time, you apply for a work card that arrives 90 days after your green card is pending. You can then work on that as well.
Answered on Jun 14th, 2011 at 3:48 PM
2 Awards
You can apply to adjust your status through your US citizen wife and work either as an H1B or under an employment authorization while the petition is pending. I recommend consulting with and retaining an attorney to help you with the process. While it may appear simple, one mistake can delay the petition for a long time or result in denial. I offer free phone consultations.
Answered on Jun 14th, 2011 at 11:58 AM