F2A timelines?

[whoIsNinja? 0]

My case is as follows:

Aug 2008 : came to US (from India) on student visa(F1)

October 2010 : changed status to H1B visa

June 25 2012 : got married to green card holder(Indian citizen)

June 26 2012 : sent I130 application

June 27, 2012 : Priority date for green card application(F2A)

Now I see that the visa bulletin says priority date is Feb 2010 so I assume it will take about 2.5 years or so for my PD to get current, thereafter I will apply for change of status(I485).

Now what I'm trying to understand here is,

• How long does it take to get green card after PD is current?
  
• My H1B will expire Oct 2016, what are the chances of me getting green card before that?
  
• Let's say my H1B expires before I get the green card, what will be the options for me to stay in US?
  

Thanks in advance!!

Edited July 9, 2012 by whoIsNinja?

[Penguin_ie 5,996]

1. A few months- it depends on where you live but 6 months should do it.

2. Yes, there is a very good chance

3. This is unlikely to happen, but if it does, you could try to get another company to sponsor you, or study some more.

[listeria 14]

My case is as follows:

Aug 2008 : came to US (from India) on student visa(F1)

October 2010 : changed status to H1B visa

June 25 2012 : got married to green card holder(Indian citizen)

June 26 2012 : sent I130 application

June 27, 2012 : Priority date for green card application(F2A)

Now I see that the visa bulletin says priority date is Feb 2010 so I assume it will take about 2.5 years or so for my PD to get current, thereafter I will apply for change of status(I485).

Now what I'm trying to understand here is,

• How long does it take to get green card after PD is current?
  If you adjust in US, it takes few months-apply I-485, FP and wait for USCIS interview. Otherwise you will get your green card in the same month when your PD becomes current if you do a Consular processing. You should apply for CP.
  
• My H1B will expire Oct 2016, what are the chances of me getting green card before that?
  You will have your GC before Oct 2016 the way PD moves now. If not just extend your H1B.
  
• Let's say my H1B expires before I get the green card, what will be the options for me to stay in US?
  

Extend your H1B

Thanks in advance!!

[whoIsNinja? 0]

Thanks @Penguin_ie and @listeria.

@listera : what's the difference between consular processing and the other option to it? I'm not aware about it, I thought filing I485 (change of status) is the only way to get GC after PD is current. Thanks!

[listeria 14]

There are two ways

1. Adjust status if you are within US- file I-485

2. Consular Processing, CP- primarily for people who are living outside of US. But people who live in US but wanted to do a CP can do as well.

In CP, once your I-130/I-140 is approved, it goes to NVC (resides with USCIS if you do AOS), NVC assigns case # and process your case by collecting all relevant documents- birth certificate, affidavit of support (aos), marriage certificate, etc... NVC keeps your file ready and transfers your case to your selected consulate in your home country. NVC notifies you date of interview date in approx. a month ahead before your PD becomes current (for instance NVC sends interview letters in the last week of June/first week of July for interview to be held in the Month of August). This way you are assured of Visa the same month when your PD becomes current but you need to travel to your home country.

If you choose, first option of AOS, you can not file I-485 until your PD becomes current and wait until USCIS process your case and that typically takes 3-6 months.

Thanks @Penguin_ie and @listeria.

@listera : what's the difference between consular processing and the other option to it? I'm not aware about it, I thought filing I485 (change of status) is the only way to get GC after PD is current. Thanks!

Edited July 9, 2012 by listeria

[whoIsNinja? 0]

@listeria: thanks, that helps!