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Filed: Country: India
Timeline
Posted

I am a US Citizen of over 10 years.

I recently got Married in India to my husband in June 2013.I have not gotten a chance to change my marital status or my name. My husband's work in India, will be issuing a work visa for him, if he comes here through work visa, is there a way of me to change his work visa to a permanent resident? And if he applied through work, how long does it usually take for the application to get processed?

Please tell me, I am eagerly waiting for a reply.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

you could file an I-130 for him now, and pursue a CR-1 visa, instead of any H1-B

or

if he gets the H1-B, and comes to USA, you could file the big 'adjustment of status' set for him.

These are 2 seperate paths, and are covered in the GUIDES section here.

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Posted

I would go the CR1 route. With the H1B lottery thing it might be more challenging to get a work visa than an immigrant visa. Not to mention you will have to wait until his company decides to send him to the US, since you can't bring him to the US just because he has a work visa. In order to enter the country on a work visa he needs a letter from the company stating that they are expecting him at work on so and so date at the location mentioned on the LCA. Some Indian companies just do the work visa but don't send people to the US immediately. It could be years until they do. Just saying.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Does he already have the H1B or is his company planning to apply for H1B?

As earlier post said both are separate paths and depending you guys are pursuing it would go in separate direction.

If H1B is not applied as of now, I would recommend you file for CR1, also another thing you might want to look into is if you have established your resident in India for over 6 months you might want to look into DCF process as well.

Filed: Country: India
Timeline
Posted

Does he already have the H1B or is his company planning to apply for H1B?

As earlier post said both are separate paths and depending you guys are pursuing it would go in separate direction.

If H1B is not applied as of now, I would recommend you file for CR1, also another thing you might want to look into is if you have established your resident in India for over 6 months you might want to look into DCF process as well.

The company is planning of applying for an H1-B visa, he works for an international company which is based in the US.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

CR1 takes anywhere from 8-12 months on average.

He would not be able get and enter on H1 until Oct of next year unless his company is exempt and does not fall in H1 quota.

Personally I would say CR1 is better, as soon as he enter the US he will be perm resident makes it much more easier for day to day stuff, from simple things like getting a DL etc.

Filed: Country: India
Timeline
Posted

I'm not sure if his company has started his procedure. But he is told by his senior managers and I think the CEO also that he would be here by the end of this year or early next year. I Hope this is true. Hopefully. should I stick to the same procedures and apply for AOA?

Any suggestions ???

  • 3 weeks later...
Filed: K-1 Visa Country: Wales
Timeline
Posted

Yep

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

If sponsored, yes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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