Kk41

Around the same time I got my H1B extension (good for another 3
years), I recently married a US citizen. Now my employer wants to
start the green card process.

Can anybody talk me thru the pros and cons of

a) having the employer file the petition and not doing anything
marriage-based
b) holding off the employers petition and having my spouse file the
I-130
ab) going for both, having both employer and spouse file

The issues I was thinking about are
1) cost for b) ... would I need to hire a lawyer?
2) what is faster ... a) goes thru a labor cert that could take a long
time
3) what happens if I want to leave the company ... I need to reimburse
them for the cost of a) in case I leave within the next years
4) once I got the green card, does it ever matter how I obtained it?

I'd appreciate your help.
Thanks in advance!

KK41

Andy Platt

"KK41" <[email protected]> wrote in message
news:[email protected]...
    > Around the same time I got my H1B extension (good for another 3
    > years), I recently married a US citizen. Now my employer wants to
    > start the green card process.
    > Can anybody talk me thru the pros and cons of
    > a) having the employer file the petition and not doing anything
    > marriage-based

Pros: Should the marriage go sour it won't change the GC processing; the
employer might pay for it all; there is no issue about whether you can
continue to use the H-1B during processing.
Cons: It's a more involved process, there's more that can go wrong and, for
many parts of the country, will take longer. Additionally if you lose your
job in the middle of it that could cause a problem - though you would have
the spousal issue to fall back on.

    > b) holding off the employers petition and having my spouse file the
    > I-130

Pros: You don't have to worry about the job or the employer; it's a simpler
process and is more "guaranteed" (in other words you only have to don't have
to prove that there's not a more eligible US citizen or permanent resident!
) ; for most parts of the country it will be quicker.
Cons: If the marriage goes sour before it's approved it might not be so easy
to do the employment processing; you'll probably have to pay for it all
yourself; there is an issue about whether you can continue to use your H-1B
for travel abroad (and with that issue then comes the issue of employment
authorization); if you get approved before your second anniversary you'll
have to file to get conditions removed a couple of years later.

I chose the marriage route but either is fine. Personally I would steer
clear of the complications of trying to do both.

Andy.

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