Adjustment of status From H1B to Green Card

[Babs_90 0]

Hello everyone, 

 

I am currently working as a scientist & my H1B expired on 08/12/20 but my lawyer applied for extension and its still pending. Also my I140 was also recently approved so I can apply for permanent residency. My priority date is actually current as EB3. I recently got married to my fiancée but have not filed yet because I was hesitant since the green card I will get thru sponsorship will be for 10 years while the green card thru marriage will be for 2 years. So I am asking advises to see what would be better: File green card thru marriage or with employer? 
Another thing is the attorney said that I am responsible for all the filing fees & the attorney fees (about 4500$) which I thought the employer would pay. 
Any advises you have on this case please let me know. 
 

[designguy 1,179]

If you already have an approved I140 then file your AOS based on EB3 and go down that route. No ROC to deal with in 2 years

 

FYI Any fees related to obtaining the PERM must be paid for by the employer (inc attorney fees)

Edited September 28, 2020 by designguy

[xyz12345 260]

https://berardiimmigrationlaw.com/pays-h-1b-green-card-fees/

Quote

The employer is not required to pay:

• I-140 Fees: The employer is not required to pay any fees associated with filing an I-140. This includes both filing fees and attorney fees;
• I-485 Fees: The employer is not required to pay any fees associated with filing an I-485. This includes filing fees, biometric fees and attorney fees.

In other words, the employer or the employee will have to bear the cost of filing Forms I-140 and I-485. It is recommended that both parties understand and discuss these financial responsibilities before filing a green card petition. For more information on obtaining a green card, please visit our website at www.berardiimmigrationlaw.com.

If I understand you correctly...

Your I-140 was approved and you didn't pay the filing fee? There should be a contract between you and the attorney if you are supposed to pay for the application personally. Imo an attorney does not work for you unless you pay upfront. Better talk to your employer about the attorney fees.

Edited September 28, 2020 by xyz12345

[Babs_90 0]

25 minutes ago, xyz12345 said:

https://berardiimmigrationlaw.com/pays-h-1b-green-card-fees/

If I understand you correctly...

Your I-140 was approved and you didn't pay the filing fee? There should be a contract between you and the attorney if you are supposed to pay for the application personally. Imo an attorney does not work for you unless you pay upfront. Better talk to your employer about the attorney fees.

Yes my i140 was already approved and now my priority date is current so the attorney is ready to file. Thanks for your help. 

[Babs_90 0]

35 minutes ago, designguy said:

If you already have an approved I140 then file your AOS based on EB3 and go down that route. No ROC to deal with in 2 years

 

FYI Any fees related to obtaining the PERM must be paid for by the employer (inc attorney fees)

Yes thats what I was thinking I want to avoid that ROC. I know its faster to get citizenship through marriage, but the advantage of sponsorship with employer is you get a 10 year green card. 
Thanks for your advise. 

[designguy 1,179]

1 minute ago, Babs_90 said:

Yes thats what I was thinking I want to avoid that ROC. I know its faster to get citizenship through marriage, but the advantage of sponsorship with employer is you get a 10 year green card. 
Thanks for your advise. 

You still qualify for citizenship after 3 years if you stay married to your spouse 

[Babs_90 0]

5 minutes ago, designguy said:

You still qualify for citizenship after 3 years if you stay married to your spouse 

Oh I didn’t know that. Even though I did not file through marriage? 

[designguy 1,179]

11 minutes ago, Babs_90 said:

Oh I didn’t know that. Even though I did not file through marriage? 

Yes. Make sure you read the guides to understand all of the eligibility requirements 

[xyz12345 260]

7 hours ago, Babs_90 said:

Yes my i140 was already approved and now my priority date is current so the attorney is ready to file. Thanks for your help. 

As advised above, just file your own AOS and avoid the attorney fees. Nice of your employer to pay for the I-140 application.

[Babs_90 0]

8 hours ago, designguy said:

Yes. Make sure you read the guides to understand all of the eligibility requirements 

I will for sure. Thanks 

[Mollie09 1,543]

10 hours ago, Babs_90 said:

Oh I didn’t know that. Even though I did not file through marriage? 

If you are married for 3 years to someone who has been a US citizen for over 3 years and you are a permanent resident for 3 years, you can apply for citizenship. How you got the green card is irrelevant.

[Bajinga 136]

you have already gotten good advise. if the priority date is current, I-140 is approved and you are planning to stick around with the employer for a little bit go the EB-3 route. otherwise apply through the marriage. Also, some employers will pay for the attorney fee for the green card process through the marriage as well so check with them in case you go that route. For example, my employer does pay for it and i know multiple people who have benefitted from it.

Edited September 28, 2020 by Bajinga

[Babs_90 0]

18 hours ago, xyz12345 said:

As advised above, just file your own AOS and avoid the attorney fees. Nice of your employer to pay for the I-140 application.

How do I avoid the attorney fees? The attorney was selected by my employer & wants me to pay for the fees. 

15 hours ago, Mollie09 said:

If you are married for 3 years to someone who has been a US citizen for over 3 years and you are a permanent resident for 3 years, you can apply for citizenship. How you got the green card is irrelevant.

Good to know that. Thanks a lot 

[Babs_90 0]

5 hours ago, Bajinga said:

you have already gotten good advise. if the priority date is current, I-140 is approved and you are planning to stick around with the employer for a little bit go the EB-3 route. otherwise apply through the marriage. Also, some employers will pay for the attorney fee for the green card process through the marriage as well so check with them in case you go that route. For example, my employer does pay for it and i know multiple people who have benefitted from it.

Yes but it looks like if the employer pay for you then they will make you sign a contract to stick with them for like 3-5 years. If thats not a good workplace where you don’t want to be longterm then you definitely don’t want to do that. In my case I have been there for 4 years & ready to move on 

[Bajinga 136]

not sure if you know this but in most states the employer-employee relationship is always at will for salaried full time employees. there are laws that dictate that. i.e there is no employer that can make you sign a contract to stick with them for any number of years.