In H1B process, can I apply for GC through marriage at the same time?

[sanmi 1]

Dear all,

This is my post at VisaJourney. It has been really helpful to search for immigration information here!!

I am currently on F1 visa - OPT (expire in May 28 2015). I am working as a researcher in an University, and they are filing H1B for me now (Just started last week).

My husband is US citizen.

Can apply for Green card through marriage at the same time as they process my H1B application.

Thanks in advance!!

Edited March 1, 2015 by sanmi

[aaron2020 11,651]

Hi,

Yes, you can pursue as many paths as you want.

If you can adjust status through a US citizen spouse, then drop the H1b. H1b are limited. By you taking it, another person is denied. An H1b is get you non-immigrant status. There is no limit for a spouse of a US citizen, and you can get a green card. Even if you get the H1b, your spouse will still have to file to get you a green card. Be cool and let someone else have the H1b when you can get a green card. Please drop the H1b if you are going to pursue a green card through your USC husband.

Edited March 1, 2015 by aaron2020

[sanmi 1]

Hi,

Yes, you can pursue as many paths as you want.

If you can adjust status through a US citizen spouse, then drop the H1b. H1b are limited. By you taking it, another person is denied. An H1b is get you non-immigrant status. There is no limit for a spouse of a US citizen, and you can get a green card. Even if you get the H1b, your spouse will still have to file to get you a green card. Be cool and let someone else have the H1b when you can get a green card.

Dear Aaron2020,

Thanks a lot for your quick response! Since I am doing research for a university, the H1B they get for me is the cap exempt one, not the H-1B petition subject to the cap. So someone else can still get their H1B with or without me

When uscis is processing my H1B petition, is it OK for me to apply green card through marriage at the same time? Will any of my application get bad effect by the other? Or they are just running parallelly?

Thanks again!

Edited March 1, 2015 by sanmi

[aaron2020 11,651]

You can do both processes. Same answer as in my prior post.

The H1b is a complete waste of time and resources. Once you get your green card, the H1b is irrelevant. The time you put into the H1b will be a waste. The time and expenses the university puts in will be a waste. The time and effort at USCIS to adjudicate your H1b would be a waste of time and resources. Time and resources that U|SCIS can be put towards another case.

[NancyNguyen 1,657]

Yes, get married and AOS. Good luck.

[sanmi 1]

You can do both processes. Same answer as in my prior post.

The H1b is a complete waste of time and resources. Once you get your green card, the H1b is irrelevant. The time you put into the H1b will be a waste. The time and expenses the university puts in will be a waste. The time and effort at USCIS to adjudicate your H1b would be a waste of time and resources. Time and resources that U|SCIS can be put towards another case.

Dear aaron2020,

I understand what you are saying. But there is no guarantee that I will get a green card. While waiting for getting a green card ( even just to get an appointment), it could be monthes and I may loss my legal immigrant working identity in the US. That will put me in a really bad situation.

[sanmi 1]

Yes, get married and AOS. Good luck.

Thanks a lot, Nancy!!!

I am always nervous about these kind of things... I went through F1, F1 renewal, OPT, and now H1B. It has always been nerve-racking for me...

Good luck on your GC interview!! Hope things move smoothly with you!