GC holder sponsering for H1 Spouse

[net.keval]

Hello,

I am GC holder and want to sponser GC for my Spouse who is in USA holds H1 visa.

Should i sponser GC when he is on H1? Would it effect his current status?

His H1 is valid for one more year. How much time does it take to get GC after sponsering it?

What is the exact process?

Appreciate all your responses. Thank you!

[pontevecchio]

When do you become eligible to be a citizen?

[net.keval]

I will be eligible for citizenship in Apr 2014.

[pontevecchio]

Multiple posts are not a good idea. H1 is dual intent and so there will be no problem. F2A is only back logged by 2 years. Ignore my other reply and file the I-130. It will not affect the H1 at all. It may be the case that the dates may become current out of the blue. If not you just inform them about being a citizen as soon as you are one.

[net.keval]

If i file I-130 now, how much total time it may take to get GC for him?

[pontevecchio]

"F2A is only back logged by 2 years". This may change to become less or more. As of now it is 2 years. File the I-130 and then let them know if you become a citizen before the I130 is approved.

[net.keval]

Once i file I 130, can my husband renew his H1 after one year.. as he has H1 for one year only and within one year he might not be eligible to get any status from me.

[net.keval]

Appreciate your response on this.

[t75]

Your filing as a LPR grants him no special privliges. He must retain his own legal status. If his priority date were to become current under a LPR filing for a spouse and he were to be illegally present, he would be unable to adjust status as illegal ppresence is not forgiven for immediate relatives of LPRs. As long as you obtain a proper reentry document and fulfill the re, you both are free to exit the US and lwait outside the US together.