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Question on H1b/green card

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Old Sep 27th 2006, 3:17 pm
  #1  
Sm
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Default Question on H1b/green card

Hi All,

I guess the question that I am asking may have been answered before or might
be lame but its on behalf of my friend. Anyways, he is currently on a second
H1B petition, the first one was for 2.5 years then transferred from Company
A to B. Currently petition is still pending so he is working based on notice
of receipt. He does realize that if it does not get approved which he knows
it will get approved but if it does then he will be out of status and would
need to return to the original country. I think there are two options one
might work and the other obviously might not. He is married to a USC, so he
can apply for the green card that way, so he applied for the EAD and
adjustment of status. Can he still apply for EAD even if the immigrant
number is not available or that only applies if the application is from home
country and not within the US. Secondly he could wait for the H1 B approval
and then coax his employer within the next year to apply for the green card
via employment. The difference is that as per the visa bulletin the date for
the marraige based is 2001 whereas the employment based is 2002. Which one
would be the best option employment based or marraige based application. He
is been married for 2 years so it is in good faith. Please help. Hoping for
a response. Thank you in advance and have a nice day. SM
 
Old Sep 28th 2006, 4:21 pm
  #2  
Nilda
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Default Re: Question on H1b/green card

I think your friend has best chance if he will just apply for adjustment of status thru a marriage to a USC...Sometimes they say online that they are behind just like me...online said that they are just processing Dec 2002...but when I applied on June 2006 I only waited 3 months to get my GC.

This is just an opinion...Consult also others who have more knowledge. .

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