Green card for H1-B holder through employer or marriage?

[Altrios 0]

MY girlfriend from China has been here in the US on H1-B for a few years. We are planning on getting married also...but she wants the green card like yesterday! Which way is faster?

Sorry I am new to this...

I think I see after we get married here in the US you have to file form I-131 which avg processing time is 131 days to interview?

What is the average time for her employer to process a greencard application? (Sorry not sure what form they would fill out) I-140?

Thanks!

[Saddle Bronc 124]

MY girlfriend from China has been here in the US on H1-B for a few years. We are planning on getting married also...but she wants the green card like yesterday! Which way is faster?

Marriage route is generally faster--as Immediate Relative (spouse or parent of USC) process-cutoff dates are ALWAYS current.

Current Visa Bulletin (categories are explained in the text)

Sorry I am new to this...

I think I see after we get married here in the US you have to file form I-131 which avg processing time is 131 days to interview?

No, the form to fill out post-marriage (other than for K-1 entrant) is I-130 (irrespective of location of marriage). I-131 is advance parole (for permission to re-enter US from foreign travel), only filed if beneficiary wants to do status-adjustment in US through I-485 (there is always the option of having the visa interview at consulate/embassy); H1-b's doing I-485 can, if they stay on the same job till the AOS process is ended, work and travel on the H1-b (which can be extened in yearly increments), cutting out the cost of EAD and AP.

What is the average time for her employer to process a greencard application? (Sorry not sure what form they would fill out) I-140?

Thanks!

Employer's petition for immigrant worker is I-140. However, an approved I-140 can easily wind up in "hurry-up-and-wait" mode (if beneficiary of it was born in India or PRC, almost guaranteed for this to happen) till cutoff-date advances up to the beneficiary's priority date--as one who went through it, aggravated by an incompetent filing by attorney.

It is perfectly fine to file both petitions at the same time.

[Altrios 0]

No, the form to fill out post-marriage (other than for K-1 entrant) is I-130 (irrespective of location of marriage). I-131 is advance parole (for permission to re-enter US from foreign travel), only filed if beneficiary wants to do status-adjustment in US through I-485 (there is always the option of having the visa interview at consulate/embassy); H1-b's doing I-485 can, if they stay on the same job till the AOS process is ended, work and travel on the H1-b (which can be extened in yearly increments), cutting out the cost of EAD and AP.

Ok, thanks. So if we get married here in the US, we file I-130, along with it is I-485. What is the process/timeline with these forms? Which takes longer?

So until all forms are processed she remains as H1B status? There is no temporary status after filing out the I-485 form?

I ask because she wants to be able do 2 things in the coming year: 1) Travel back tochina for a short trip. And 2) Eventually quit her job.

Is she able to do this during the processing time for I-130 and I-485, or do you have to wait it out?

Also, when does the interview happen? Last after all forms are approved?

[meauxna 15]

There is a status after I-485 is accepted---"pending" is as good a description as any. What is important is that it offers the H1-B options.

If the H1-B files for Adjustment of Status/AOS, they may also file for an EAD/Employment Authorization Document and AP/Advance Parole. These documents allow her to work and travel in/out of the US until her I-485 is adjudicated.

If she does not apply for these additional permissions, and wants to travel as an H1-B, she MUST remain in status under the terms of her H1-B, which includes staying with her H employer.

The AOS interview is the final step before an I-130 and I-485 can be approved. Timelines for processing can be accessed at uscis.gov; it will depend on your District Office. They are filed together and adjudicated together.

Read the forms VERY carefully. Understand what you are applying for and what she is applying for. When someone has an immigration history, it is not a bad investment to consult with an immigration attorney and make sure there are no stink bombs hiding in the shadows.