Filing family based Green Card when on H1B

[sherin55]

Hi ,

I have query regarding green card filing.

I am getting married to a Green Card holder. I currently have an H1B visa. Can you please let me know if I can file the family based green card, when I am on H1B and continue to work till my green card is approved.

[JoeF]

A GC is always independent of your current status.

But, there is a quota for spouses of Permanent Resident. Until the PD becomes current and allows you to file an I-485, you have to maintain legal status on your own.

[sherin55]

Thanks for the reply...do you know the current waiting period....

[sherin55]

also please let me know how much will be the overall expense for filing a green card.

[JoeF]

You can check the Visa Bulletin, for family category 2A, spouse of a Permanent Resident.

The fees for the applications are listed on the USCIS website, right next to the forms.

[ar.abhinav]

Hi Joe,

Where do i see the Visa bulletin for family category 2A. I have similar situation. My wife -GC holder filed for my GC using I-130 last month. I am on h1 visa and currently in USA. I want to know how long it will take me to get the GC.

Thanks

abhi

[JoeF]

http://travel.state.gov/visa/bulletin/bulletin_1360.html

A quick search with Google would have given you the link much faster...

[sherin55]

Hi Joef,

I am actually going back to India for my marriage.....what will be the best option for me....file for green card here in US or India....

Please advise.

Thanks in advance

[JoeF]

Well, the I-130 would have to get filed no matter what.

And if you have an H1, there is no problem to travel, since the H1 allows immigration intent.

The I-485 can only be filed if the person is in the US, but that's a bit down the road, since the PD has to be current for that.