H1B adjust to Green Card (currently married with USC)

[Deejunx 1]

Hi All,

Currently I'm in Indonesia and married to my USC wife. We have not processed a CR-1 yet but there's a potential that my job will be transferred to the US with an H1-B visa. My question is, when I enter US with H1B, will I be able to adjust to Green Card via my wife as the sponsor? If yes, how long must I maintain my H1B before I adjust my status?

Thanks

[Hypnos 6,576]

Yes. H-1B is dual-intent, so it won't be a problem if you file the I-130 now and then add in an I-485 down the line, or you just concurrently file both after entry.

You must maintain your H-1B until your I-485 has been accepted for processing by USCIS.

[cjh234 0]

Yes. H-1B is dual-intent, so it won't be a problem if you file the I-130 now and then add in an I-485 down the line, or you just concurrently file both after entry.

You must maintain your H-1B until your I-485 has been accepted for processing by USCIS.

Hello,

Sorry to jump on this post, but I have the same question. I am a US citizen and my wife is Indian, living in India still. We have not yet filed for CR-1 paperwork since she was trying to get in to PhD program in UK. That is on hold.

Could she come to the U.S. on a H1B prior to/instead of filing the CR1? Or is that considered coming under false pretense?

Thanks!

[Boiler 45,525]

She could, H1b is dual intent.

[cjh234 0]

She could, H1b is dual intent.

Thanks!