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Applying for Green card through marriage while my H1B transfer still in process.

Cedar Rapids, IA |

Hi ,

I would really appreciate if you could answer couple of questions for me. I am working on H1B right now through Employer A. Recently I got an offer from employer B and they have started a normal H1B transfer process.
Also I got married on June 22nd 2013 and my spouse is a US citizen.
1. Can I apply for my green Card while my H1B transfer is in process?
2. What if my H1B transfer is denied but my Green card through marriage is still in process? Can I stay in US during that period?

My H1B through Employer A is valid till Dec 31st 2014. Same is the date for my I-94.

Attorney Answers 4


  1. Best answer

    Once you got married to a US citizen, and can file for a marriage based green card, that's what I would do and I would forget all the other, in this case now irrelevant issues you're talking about. Applying for a green card is a far superior category then continuing on an H-1B. be, wouldn't you agree? Spouses of USCs are deemed to be "immediate relatives ", as such they are not even required to maintain valid non-immigrant status or even be in status. There will be no penalties for unlawful employment either. You should get your green card within 3 to 4 months from applying.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Yes, you can file for your green card while the transfer is pending. Worst case scenario, your transfer is denied, yes, you can stay in US and work on the EAD once approved.


  3. As long as you are in lawful status you can apply for a green card. It is best to have an attorney assist you to avoid delays.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  4. Congratulations on your marriage, that is great! Provided you entered lawfully, are in lawful status and got married for love and have no serious criminal, medical, financial or criminal issues there should be no problem for you to adjust status through your marriage yo a US citizen. This process us usually quicker and more reliable than adjusting through a work visa and once you file and have your employment authorization documents sent to you, you can legally protected work. As such your marriage petition in a way trumps your other issues. If you'd like an attorney to assist you to make the process quicker and more reliable, any of us on Avvo would most likely be happy to assist. Best of luck!

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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