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[danga]

Hi 

 

Me and my spouse both are on H1-b visa currently. My visa is going to expire (6th year) on April-2015. My Spouse's visa will be expired apr-2017. I am planning to apply for green card and haven't started the process yet. 

 

1. Since it is one year remaining , can i start the process now. 

2. I have ten years of experience in IT , and has senior position. Am i eligible for EB2.

2. can i file GC for my spouse with my application ? if so, in future, if spouse doesn't want to do the the job , will the visa status change is going to affect GC process

3. during GC process, If in case, i want to go India for couple of years and then come back, is it possible to do the same without affecting GC process. Can employer file for GC when I am in INDIA.

 

I will appriciate your help guys.

 

Thank you.

[jairichi]

Hi 

 

Me and my spouse both are on H1-b visa currently. My visa is going to expire (6th year) on April-2015. My Spouse's visa will be expired apr-2017. I am planning to apply for green card and haven't started the process yet. 

 

1. Since it is one year remaining , can i start the process now. 

2. I have ten years of experience in IT , and has senior position. Am i eligible for EB2.

2. can i file GC for my spouse with my application ? if so, in future, if spouse doesn't want to do the the job , will the visa status change is going to affect GC process

3. during GC process, If in case, i want to go India for couple of years and then come back, is it possible to do the same without affecting GC process. Can employer file for GC when I am in INDIA.

 

I will appriciate your help guys.

 

Thank you.

1. Yes, employer can start anytime.

2. If you are thinking EB2-NIW I do to think you are eligible.

3. Employer files GC and not you or your spouse unless you guys are exceptionally qualified.

4. Yes.

[rahul412]

1. Since it is one year remaining , can i start the process now. 

2. I have ten years of experience in IT , and has senior position. Am i eligible for EB2.

2. can i file GC for my spouse with my application ? if so, in future, if spouse doesn't want to do the the job , will the visa status change is going to affect GC process

3. during GC process, If in case, i want to go India for couple of years and then come back, is it possible to do the same without affecting GC process. Can employer file for GC when I am in INDIA.

1. Any time.

2. That depends on the job description.

3. You won't file for GC, your employer does. He can file for H4 based on your H1

4.GC is for future employment. So it doesn't matter where you live currently.

[t75]

YOU cannot do anything about a GC. Your employer is in control and category is job and qualification dependent.

 

If you go to India, your employer can choose to continue or terminate process.

 

Read the forum as this has been discussed hundreds of times.  If you do not want to do that, pay for an attorney consult to walk you through all of the possibilities.

[danga]

Thanks you Rahul412 and jairichi for replies. 

 

I know that employer is mainly responsible for filing GC. I have quoted wrongly(can I file).

My employer is ready for filing GC.

My spouse(h1-b) works with different employer.  so in this case 

1) is it possible to include my spouse(H1-b) on my application? if it can be applied together, can you brief on this please(such as at which stage include spouse)

2) or spouse has to apply for his application as new. 

 

Appreciate helpful replies 

[jairichi]

Thanks you Rahul412 and jairichi for replies. 

 

I know that employer is mainly responsible for filing GC. I have quoted wrongly(can I file).

My employer is ready for filing GC.

My spouse(h1-b) works with different employer.  so in this case 

1) is it possible to include my spouse(H1-b) on my application? if it can be applied together, can you brief on this please(such as at which stage include spouse)

2) or spouse has to apply for his application as new. 

 

Appreciate helpful replies 

1. Yes, when filing I-485.

2. Spouse's employer can also independently file a GC petition

[Attorney_25]

You can start the GC process at any time, but you may not get far enough into the process to have your H-1B extended continuously from the end of your sixth year. You may need to spend some time outside the US or in another (likely non-work) status.

 

EB-2 depends first on the requirements of the position offered, not only your qualifications. ("Exceptional ability" Eb-2 is available in exceptional cases.)

 

Your spouse will not get any benefit from your GC process until the third stage, when you both can file the I-485 based on your I-140. He can go through his own parallel GC process as a backup plan.

 

You do not have to be in the US in order for your GC process to continue, but as mentioned above this is dependent on your sponsoring employer to be willing to continue the process through labor certification and I-140.