Green Card via Spouse vs. via H1B

[MM1505]

Hello, 

 

I am in my 6th year H1B and my company has filed for my Labor paperwork. The Labor paperwork has not been approved yet and is still in process. Because, the labor paperwork is in process, my company was able to get an extension of my H1B for another year (beyond my 6th year). I recently got married and my spouse is a US citizen. I would like to apply for my GC via marriage now. How do I go about this process of stopping my employment based GC process and then starting my own process. Should I first stop the GC process and then initiate my process? Or should I do it concurrently? How should I proceed without interrupting my work. My H1B expires in september of this year. Looking for some expertise in this matter. 

 

Thanks, 

[MM1505]

Also, if I cancel the process via my company - is the H1B extension void then? 

[jairichi]

Employer based GC and family based GC process can be done in parallel.

[pontevecchio]

Both processes can go on. If you take the initiative to involve a law firm in filing the Marriage based I-130, you will have the GC by year end. Once the application is on file you are safe.

[sharin]

Technically, if you file GC through marriage-based using concurrent filing - you're considered "in-status" due to pending decision for I-485, thereby no need to file H1b extension plus continue to work unless your petition is denied.

 

If you involve good/reputed lawyer to file your marriage based petition considering no issues with your case profile - there is high chance you'll receive EAD before H1b expires (within 90 days), although it hardly matters as long as you receive case number for marriage based petition.

[MM1505]

Thank you for your help. So, the follow up question I have is once I apply for the GC process through my spouse, do I immediately have employment authorization. Since my H1B expires in Sept...I am wondering if due to unfortunate circumstances - there is a problem and my GC gets held up - will it affect my ability to continue to work in my company. I really do not want any interruptions. 

 

Also, is the H1B extension (a year beyond the 6th year) only contingent upon the GC process through employment. Will it get cancelled because I chose to go via the spouse route instead of employment? If the H1B extension isn't contingent on other requirements - then I am good to go and not concerned since I will have sufficient time on my H1B.

 

Thank your for answering!  

[pontevecchio]

Once the I-130 with AOS is on file you are SAFE to stay. You will get an EAD in about 3 months though more likely the GC directly within 6. This presupposes all paper work is acceptable. If you want to maintain continuous work in this company let both processes go on. All I would tell you is transgressions by spouses of USC,S are forgiven as a matter of principle. You have what people call a First World Problem. Why not use a Lawyer to do the heavy lifting while you concentrate on the job. Based on PERM pending 365 days you get one year H1 extensions. If the I-140 gets approved you get 3 year extensions. If the PERM is denied it makes no difference as long as your Immigration Petition based on marriage to an USC is on file.