Family based GC - New job H1B in transfer


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Posted

Hi

I got married early in January to a US citizen and we were waiting for our marriage certificate to come to file for GC.

Also then I was working with company A on H1B and I received an offer from company B. I accepted the offer and they started to process my H1B transfer early in Feb. Currently my H1B transfer has an RFE.

I just want some advice about going forward with my GC filing through my husband.

1. should I file for GC now?

2. What happens if my H1B transfer is rejected?

FYI - my H1B is valid till 8/31/13

Any help is appreciated.

Thanks

Posted

Generally, when an I-485 is filed on behalf of a non-citizen, the non-citizen benefits from a period of authorized stay that permits them to remain in the United States while the green card application is pending. One may even start working when the work authorization document is issued and travel on advance parole. It would be advisable to seek the counsel of an immigration attorney to determine specific personal options and consequences.

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