Legal Question in Immigration Law in California

Green Card Question

I am on H1-B visa for last 4 year. My current employer filed for my Green Card 1 and 1/2 yrs ago. It's still in LC stage. The priority dates are not moving atall in the SanFrancisco DOL.

With the recent development in my life, I got married and my wife already has a GC. It was approved a year ago.

In case I get laid off, I loose my current GC processing time and I will be left with only 2 year on my H1-B. Also getting a job in the current market situation is a tough thing.

Is it possible for her to apply for my GC through her? How long does it take? What other options do I have to stay in the US on a valid status?

Kindly reply.

Thanks.


Asked on 1/22/03, 9:46 pm

4 Answers from Attorneys
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: Green Card Question

Depending on what country you are from, the wait for spouses of green card holders is very long. Since your wife already has a green card, there is no harm in filing the I-130 petition. When she becomes a US citizen, you can change your status from a slow family preference category to immediate relative. Contact me directly if you have further questions.

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Answered on 1/23/03, 12:10 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Green Card Question

Yes...you can definitely apply for GC through her but...I need to know..which country you are from..to figure out..how long you have to wait to get a GC through spouse

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Answered on 1/22/03, 9:52 pm
Gabriel Jack Muston & Jack P.C.

Re: Green Card Question

You may as well wait until she receives Citizenship. No point in applying now when she is just Green Card holder. Unless, of course, you were married prior to her obtaining the approval.

[email protected]

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Answered on 1/22/03, 10:38 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Green Card Question

The only thing a GC spouse can do right now is to file a I-130 petition for you, and then wait until the priority date is current before you can get work permit and file adjustment of status. Right now it's 5 years backed up (7 years if you're from Mexico). Or, you could wait 4 years until she applies for citizenship, wait another year before she actually becomes one, and then file I-130 and adjustment so you can get work permit then. Either way, it's about 5 years and is a tough situation.

Liem Doan, Esq.

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Answered on 1/22/03, 11:33 pm


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