Have EAD right now..


Ishika

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Hi,

One of my friend is on student visa and have EAD on OPT. She is going to marry the H1B visa holder guy.

He has already filed for Green Card on H1 for himself. If she marry him, then how she will be also the GC holder. Can he file GreenCard for her too. Is it depends that he has file 485 already or not?

And if yes, whats the process.

Please reply.

Thanks.

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  • 2 weeks later...

If an individual is married to someone who has an I-485 application pending, they are only able to file an I-485 application if the primary applicant's priority dates are current. Otherwise, and until then, (and even as a backup to the I-485 application), the individual will need to maintain their own valid nonimmigrant status.

If you have further specific questions in regard to your case, I highly recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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