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Mathews

Changing status from H1b to Greencard through spouse

By Mathews in Adjustment of Status from Work, Student, & Tourist Visas

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Mathews Newbie

Mathews   0

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Filed: Timeline
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I am working here in US on H1b for the last 2 years and my visa will expire on October 2009. My wife is a green card holder since April 2005.We have already applied i130 on April 2006 and is still pending.

I got my H1b on October 2008. Is there any way i can change my status to greencard or something else before my H1b getting expired.

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
I am working here in US on H1b for the last 2 years and my visa will expire on October 2009. My wife is a green card holder since April 2005.We have already applied i130 on April 2006 and is still pending.

I got my H1b on October 2008. Is there any way i can change my status to greencard or something else before my H1b getting expired.

Possibly... Look to the I-140...

YMMV

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Mint518 Explorer

Mint518   0

Posted
Filed: AOS (apr) Country: Japan
 Timeline
Posted
I am working here in US on H1b for the last 2 years and my visa will expire on October 2009. My wife is a green card holder since April 2005.We have already applied i130 on April 2006 and is still pending.

I got my H1b on October 2008. Is there any way i can change my status to greencard or something else before my H1b getting expired.

Probably I-130 petition through your wife would take another few years, and since you have already shown your immigration intent through filing of I-130, it would be hard to change your visa status to non-immigration visa (such as F-1).

So, I think most realistic option is to extend your H1b visa for another 3 years through current employer. If you already know your current employer is not willing to sponsor your H1b visa for another 3 years, I think it is time to start looking for a new employer (as you might already know, H1b has portability and it is possible to transfer your visa to other employer) -- Sorry, I do not know the detail about it, but as far as I know, you can start working for the new employer once peition for changing the employer is filed, i.e., you do not need to wait to receive USCIS approval.

I-140 is a petition for GC by employer. So before the expiration of this second 3 year H1b, you should convence your employer (or find another one) to file GC for you.

Good luck.

AOS from H1B

[AOS Timeline of Dec.'08 Filers], [JV Thread for Dec.'08 AOS Filers]

12-17-08: I-130/I-485/I-765 sent to Chicago Lockbox via USPS

12-18-08: I-130/I-485/I-765 delivered

12-29-08: Received 3 NOAs (dated 12-24-2008)

12-29-08: Checks cashed

1-5-09: Received Biometric appt. notice (dated 12-30-2008)

1-20-09: Biometric done

2-17-09: Received interview appt. letter (dated 2-12-2009)

3-5-09: Received EAD (dated 2-28-2009)

4-6-09: AOS Intervew @NYC

4-13-09: Received welcome letter (dated 4-8-09)

4-18-09: Received GC (dated 4-13-08)

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