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I am applying H1 on 1st April, also Marrying a US citizen by next 3 months, When i will get my Status thru Wife.

Brooklyn, NY |

One of employer offered me a H1 job, he calls its H1 cap. but same time, i will be marrying a US citizen after 3 months, as my In Laws are not in country by that time, So now my issue is, by What time i will be able to get my legal status on behalf of my wife ? Means How much time will be spent to get work permit from wife's sponsorship and i will able to withdraw from availed H1 visa.

Attorney Answers 2


Your wife can sponsor you for a green card. Generally, you can get a work permit in 3 months and a green card in 6 months.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Highly Appreciated your reply. So Should i marry her by June 1st to get work permit before Sept 1st. Like 3 months, as i need her Sponsorship for applying Residency training as I am doctor too. As matter of fact, I have to apply Residency on Sept 1st, and i dont want to apply while staying on H1 which is being offered by an employer .

Carl Michael Shusterman

Carl Michael Shusterman


Get married as soon as possible, and you will get a work permit about 90 days after your application is filed.


Depends on when she petitions you and the local processing times.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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