Adjustment of status

[Cinnamon43 0]

This is an awesome forum!

I am currently an F-1 on OPT. My husband who is a GC holder filed I-130 on my behalf. Can my employer file H-1B while I-130 is pending?

Thank you for your help?

[VanessaTony 3,567]

Your question isn't about adjusting status to an LPR but rather about applying for a H1B, but it's definitely not family so I'm sending it to AOS (Other). Someone else might move it if they see a better place.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are planning to adjust from an F1 visa and the prior forum is for K1, K2, K3 & K4 **

Are you currently in the US and did you file the I-130 and the I-485 together?

[Cinnamon43 0]

I am in the US. He filed the I-130 only. I have maintained my F1 status, and is currently on OPT. I really need to know whether an employer can file H1B even if I have a pending I-130.

[Maxximus1074 14]

I am in the US. He filed the I-130 only. I have maintained my F1 status, and is currently on OPT. I really need to know whether an employer can file H1B even if I have a pending I-130.

Am not sure, but here's my thoughts on your situation:

It looks like your internship employer wants to hire you after the internship expired? I don't think that there would be a problem for applying towards an H-1B,

but I wonder why you would want to apply for it? If you are still in the early stage of of your internship I would rather look into adjusting your status from F-1 via your husbands greencard which is then a lifetime permit for you to stay and work in the US rather then a timed temporary one.

I don't know much about processing times for H-1B neither and so I do not want to tell you what to do but I can imagine an application for that may also take some longer time then adjustment of status on family based greencard.

Hope I don't sound rude or condesending, don't mean to, just don't have enough details about your status and so wonder why adjusting for something temporary when you can have something permanent.

Good luck no matter what on your next steps

M.

[Harpa Timsah 13,258]

I think the reason they are looking into this is because the spouse is a GC holder only, not a citizen... therefore they have to wait for their priority date to be current to AOS, which may take a while.

But as far as the answer... I don't know. I don't see why it is a problem but maybe there is something about two petitions at the same time. Hopefully someone will know.

[Cinnamon43 0]

Harpa is right. Since my husband is not a citizen, the wait period for the GC is about 8-9years. That's a long time, unless he becomes a citizen. My goal is to be able to work legally, but I don't want my employer to waste time filing the H1B if it would complicate things.

Thanks a million for all your responses.

[Harpa Timsah 13,258]

I don't think the wait is 8-9 years... I checked the visa bulletin and it looks only a few months behind. Your category is F2A and the date listed there is 1 August 2010. But, I don't really know how it works, just trying to make sense of it. You also have to maintain legal presence to be able to AOS after you become able to... so if your OPT is expiring, I would think that if you had an opportunity to maintain your legal presence by switching to a H1B, you should be able to. But I don't really know! I am still hoping someone comes along who knows. Maybe the "Bring family of GC holders" forum would know better. Good luck.

Edited November 16, 2010 by Harpa Timsah

[Cinnamon43 0]

Thanks for all your feedback. I hope that someone who has been in a similar situation can help to clarify.