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Currently on H1-B, want to apply for PERM through my US citizen wife

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Thanks in advance for helping me with this. Here is my situation.

I came to the US in 2005 on F-1 (student visa), converted from F-1 to H1-B in 2007 through my employer. My current H1-B expires in September 2011. My employer has already filed for an extension. My employer has also filed for my Labor certification and I-140 which is already approved. I was waiting for my priority date to become current.

I got married to a US citizen in July. The religious ceremony happened in the US on July 4th, 2011 but when we went to get our marriage certificate, we had to perform another ceremony at the county office. So the date of our wedding on our marriage certificate is July 20th, 2011.

Now my employer is planning some layoffs and I'm worried that I could be affected by that. So I want to apply for Permanent Residence through marriage. My wife is a US citizen so it shouldn't be problem.

My first priority is to have a legal status in the US even if I get laid off. Second priority is to be able to work legally if my current employer kicks me out. My H1-B won't be legit as soon as I get laid off by my current employer.

What are my options here? How can I keep my status legal and be able to work even if I get laid off?

What forms do I need to file to get Permanent Residency through marriage?

I'll really appreciate your help.

Thank you,


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The USCIS website has complete instructions and links to forms for family based immigration.

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You should work on your terminology. PERM is the term for the Labor certification for an employment-based Greencard.

For a family-based GC, your US-citizen spouse would have to file an I-130, and you can at the same time file an I-485, EAD, and AP.

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Basically I-130/AOS/EAD/AP IN ONE GO. In view of the fact that you mentioned PERM through Marriage in your header please have a Lawyer deal with it. Since you are married to an USC you are safe.

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