I-140 approved; should spouse file I130 & I1485 concurrently?

[goutham31]

Hello,

I am (Indian citizen) currently on H1B visa with I-140 approved EB2 with Priority date June 2016. H1B visa is valid till Dec 2019. Got married to US Permanent resident (spouse is Indian citizen) recently.

1. Should my spouse file I130 or I131 for me for family based GC?

2. Can I130 & I485 be filed concurrently? Is there any benefit to it?

3. How long will it take for me to get GC? Will I no longer need H1B visa sponsorship if my I130 is approved ? Or what stage should I cross to no longer need H1B visa? (before getting GC)

 

Thanks,

Goutham.

 

[goutham31]

Can I please get a response?

 

Many thanks!

[JoeF]

There is a backlog for spouses of Permanent Residents. An I-485 can only be filed when the PD is current. An I-130 doesn't give you any immigration rights.

[goutham31]

Thank you, Joe! 

If my wife files I130 and I485 concurrently for me, will I be eligible to get GC EAD as soon as the application is filed?  If I am eligible for it and get GC EAD, I can then apply to companies without a H1B visa, right?

 

Thanks.

 

[goutham31]

Sorry got your answer, thanks!