rahulddesai

Dear Friends,

I really need some help and advise. Here is my situation:

My wife is currently on a Green Card. She filed for her US citizenship in May 2006. Of course, as our (bad) luck would have it, her case is stuck in the vicious FBI name check. It will be 2 years this May since she filed to be a USC but we haven't heard anything yet.

I am on H1B visa. I came originally on F1 and after completing my Masters, transferred to H1B. My H1B came in effect in January 2005. It was initially filed for 3 years (which means it ended in December of 2007). However, in early 2007, my H1B extension was filed and my extension was valid from Feb-2007 to Nov - 2009.

In January 2004, my wife filed an I-130 petition for me. This was obviously a green-card holder filing for a spouse (Family Based Preference 2A). A few months ago, we received an I-797 (Notice of Approval) saying that the I-130 petition my wife filed for me was approved. However, it said that unfortunately a visa number was not available at that time and hence I would have to wait. My priority date is Jan 04. I am from India. I checked today and they are still processing priority dates of March 15th 2003.

Here are my questions:
1. Since the I-130 petition was approved and I am only awaiting a visa number, what happens when they start processing the priority dates of Jan 2004? Would I be getting my Green Card then.
2. Do I have a higher possibility of getting my Green Card through that I-130 rather then waiting for my wife to get her citizenship?
3. My work-folks are ready to file a green-card for me but I am slightly wary. First of all, from very start they have told me that this is a very difficult process and they would still try best but no guarantees. It's going to tie me to this job till I get my Green-Card (which is 4-5 years). Believe it or not but they stalled my raise saying that it's either this or that.

I am not sure what to do here. We are also planning a family. I want to get into an MBA school but right now my fees are almost double because I am on H1B and not a permanent resident. We are confused and distraught. What is the best way to tackle this situation?

I really really appreciate your responses.

- Rahul

fatbrit

For your wife's citizenship, try your senator, the USCIS ombudsman, and then file a writ of mandamus.

You can go for the GC through both your work and your wife. Your wife can file now and "upgrade" the petition when she becomes a citizen.

Your workplace does not deserve your talents but have you by the balls for the moment. Smile until you get your green card -- by whatever method. Then tell 'em where to stick it.

ian-mstm

Once your priority date (PD) becomes current, the I-130 will begin to be processed... it may well take another 8 or 10 months before it is approved. You need to know that PDs move very slowly... it could well be another year or two before that March 2003 date moves to January 2004... it largely depends on how many other people are in line ahead of you... and there is no way to know that.


It's the same I-130. There are no quotas for the spouse of a US citizen, so once your wife becomes a US citizen, your PD will immediately become current and the I-130 will be processed as soon as USCIS receives notice of *her* change of status from PR to USC. It is to your advantage for your wife to become a USC.

As FatBrit suggested, you need to get someone involved in this now... someone who is working for *your* best interest.


Let them go ahead and file for you. Be aware... it really isn't difficult, it's just very time consuming and, unfortunately, it does tie you to them until you get the GC. However, it is perfectly okay to have several applications pending at the same time... go with whichever one processes first.


Unfortunately, you seem to be stuck in immigration limbo. There is no good solution to this, and it will take as long as it takes. Keep focussed on the destination... not the journey.

Ian

rahulddesai

Correct me if I am wrong, but once the priority date becomes current and my case starts getting processed, I can stay here till I get a green-card, right? Even if my H1B expires, as long as my PD is current, I can stay here right?

Also, I have involved everyone including white-house. Hasn't helped me at all. It's so frustrating.

I really appreciate your replies folks.

Noorah101

No. You still need a valid status in the USA in order to remain in the USA. If your H1B expires, on what grounds would you be staying in the USA? Having an I-130 in process is not enough to keep you in the USA legally.

If your company files the AOS paperwork towards your green card, then you can stay in the USA.

Rene

AAZZ

Rahul,

IMHO, Yes, you are right. Once they start processing ur greencard, it does not matter if ur H1B gets expired.

I was on F1 when I got married, and the USCIS officer told me that my status is not F1 any more, it is "Permanent resident pending", and it is a valid status.

Noorah101

That's not exactly true. Your status would only change to "Permanent resident pending" after you file the AOS paperwork based on your marriage.

Marriage alone does not change your status.

Rene

Rete

However, just having a green card petition pending is not enough to allow him to work. He will need to have filed for an EAD (employment authorization document) and have it in hand to continue working.

Noorah101

I think once the employer files for his green card, they can keep extending his work authorization with them...or he can get the EAD, as you say, and work for someone else.

Rene

Folinskyinla

Hi:

An important point is in your post -- the Immigration Officer gave you INCORRECT advice. Filing for adjustment based upon a marriage does NOT end F-1 status. This was established by the "Hosseinpour" case in 19-SEVENTY-five. [Hosseinpour did not lose F-1 status by the filing of his adjustment. However, it had expired after filing -- No "D/S" back then -- and he lost on that ground].

rahulddesai

So, when my PD becomes current, can't I file for Adjustment of Status?

Noorah101

You can't file AOS based on marriage unless your wife is a USC. Spouses of PR's can't AOS in the USA.

Rene

Folinskyinla

Hi:

No, they CAN file provided certain conditions are met.

Noorah101

Thanks. I hope they can meet the conditions, they sound pretty frustrated.

Rene

rahulddesai

Can someone tell me what conditions need to be met? Thanks in advance for all your help.