Hi, I'm currently on OPT STEM granted to gradutes of US university, expires in June 2015. My employer will be filing for H1 in April 2015. However chances are very less for getting selected due to the volume of applications these days.
I'm also getting married in April 2015 to a US citizen. Please advise how to proceed and estimated time of process. I would like to continue working and proceed with green card processing as well.
What are my options, if my H1 gets denied/not picked in lottery. Can i file an application soon i get married? Request a work permit? How does it work? thanks!
When you get married to your USC boyfriend, then he can petition for your status via I-130. When he petitions for you, at that time, you can file I-485 Adjustment of Status, I-765 (EAD - Work Permit), and I-131 (Advance Parole - To Travel) altogether. EAD generally takes about 2-4 months, absent issues. However, no guarantee in the processing time. To accurately process your petition, I recommend that you at least have your files reviewed with an immigration attorney or hire one to do the job for you.
To Be Filed Together:
7. G-1145 (Optional)
Please be advised that this response contains only general information based on hypothetical facts given in the question. This interaction does not form attorney-client privilege and the response should not be relied upon to either act or refrain to act without first consulting a licensed attorney. The author disclaims any and all liability in respect to actions taken or not taken based on his comments.
You can file for the green card as soon as you are married. The timing is rather tight, however, so you want to work with an immigration attorney to make sure there are no delays in getting your employment authorization document, so that there is little or no interruption in your authorization to keep working. There is quite a bit of supporting documentation that you need to submit with the applications, and if anything is missing it can delay the processing time.
You are able to file for as many different immigration benefits for which you qualify at the time of filing.
It is difficult to predict estimated processing times, as these depend on USCIS' workload.
If you do marry your USC fiance(e), you would be eligible to file an adjustment package, which includes the employment application; and could possibly allow you to continue working in your current employment, even if you do not get picked in the H-1 lottery.
Former Immigration Officer. This answer is general in nature and does not in any way create an attorney-client relationship.
Yes, once you are married your spouse can file an immigration petition for you and you can file an application to adjust status, along with applications for work authorization and advance parole. It may not be a bad idea to have a consultation with an immigration lawyer to review all the circumstances and to assist and represent you with the application and USCIS interview process.
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