H1B marrying US Citizen - Concurrent Filling I-130, I-864, I-485, I-765

[newy0rker]

Hello Experts, 

I am a full time employee on H1B visa currently, expiring on Feb 10, 2015 (2 and half months from now). I got married to US citizen last month only. I have all the paperwork done, I hope to get some answers here. 

I am thinking not to apply for H1B extension and directly apply for GC through marriage. I know it takes like 4-6 months after the application sent. I-765 takes up to 90 days etc. I have some basic questions as follow: 

1. Can I apply for GC now OR It must have to apply before the 90 days expiration of H1B? Asking this considering I have 2.5 months left in my H1B.
2. Will I be eligible to work after H1B expiration with i-765 pending? 
3. I know i-765 could take up to 90 days to get approved. Any idea, how long does it take to have EAD card in hand? Is it possible I can get EAD card within 2.5 months (in ideal scenario)?

Thank you in advance!

[pontevecchio]

You should apply for the GC and in the meantime have your H1 petition extension processed.

[ManUtd]

Hello!,

 

I was in the same boat. I applied for GC and got it within 4 months they says it takes up to 6 months but it may not really take that long. It didnt take that long in my case.

 

WIthing a month and half of application i had my EAD (work permit and parole) in my hand and soon after fingerprint appointment. And finally interview .. the entire process took me 4 months.

 

Good luck

[newy0rker]

Hello!,

 

I was in the same boat. I applied for GC and got it within 4 months they says it takes up to 6 months but it may not really take that long. It didnt take that long in my case.

 

WIthing a month and half of application i had my EAD (work permit and parole) in my hand and soon after fingerprint appointment. And finally interview .. the entire process took me 4 months.

 

Good luck

 

 

Thank you, ManUtd.

 

That was quick - 1 and a half month for EAD in hand. I hope I get my EAD that soon as well. 

 

I am picking up i-693 sealed envelop tonight from the civil surgeon's and then I am ready to send the package tomorrow morning :)

 

One more quick question, I know the answer of it but still just wanted to confirm. Once I get EAD in my hand, I can work for any employer, correct? Asking this because, I have an offer at another company & I would want to work for them and not with my current employer, who holds my H1B.

[newy0rker]

You should apply for the GC and in the meantime have your H1 petition extension processed.

 

Thank you for the reply, pontevecchio.

 

I am sending my GC package tomorrow. 

 

I was thinking to apply for H1B extension too, Just to be on the safer side.

 

What would you recommend from your experience in terms of Regular processing vs.Premium processing considering my scenario? 

 

Going for Regular processing would save me ~1200 bucks and I think it will be safe enough because I can still work after Feb 10, 2015 with the h1b application receipt number/h1b application pending. What do you think?

[pontevecchio]

Regular Processing is fine. The EAD lets you work for any employer or not in any field. Once married to an USC there is no worry as any transgressions are automatically forgiven.

[newy0rker]

Regular Processing is fine. The EAD lets you work for any employer or not in any field. Once married to an USC there is no worry as any transgressions are automatically forgiven.

 

Thank you so much for your reply,   pontevecchio.

 

GC package is sent. Now, I'll start my h1b extension with Regular Processing.

 

Thank you, again.