Bay area immi attorney reco for marriage? H1B marrying GC holder

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Sep 17 11 Comments

It's not clear what the path to work visa would be like? If I (H1B) marry my partner (GC holder), can I continue to renew my H1B

Or

Will I be in the preference relative category until priority date is current and still need my employer to file for an emploer sponsored GC which in turn will help renew my H1B?

Any one dealt with it? Any advice or immigration attorney you liked in bay area for consultation? Thanks.

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TOP 11 Comments
  • Citadel Securities wagecuck3
    You can keep renewing your H-1B using an approved I-140. Your employer can continue the GC sponsorship process for you AND you can have your spouse sponsor you in parallel. However, you can't have two I-485s pending at the same time, so if both of your priority dates become current around the same time, you'll have to choose which category to file under.
    Sep 17 3
    • Facebook icdN16
      OP
      Thanks. Sounds like there is no benefit of GC from my spouse. Or can I renew my H1b based on my spouce GC?
      Sep 17
    • Citadel Securities wagecuck3
      You can't renew your H-1B based on your spouse's status.

      Depending on what happens in the Oct visa bulletin, it might be faster to get your GC through your spouse than to go through the EB route. Keep in mind, F2A was current for all countries this month, and most EB applicants have to go through the lengthy labor certification process.
      Sep 17
    • Facebook icdN16
      OP
      Thanks mate.
      Sep 17
  • Ask your partner to become citizen then you will get GC sooner. For now, you can extend h1. Even your partner can sponsor GC to you but it would be slow path
    Sep 17 1
    • CVS Pharmacy Zing!!
      Whats the timeline if the SO is
      > Citizen
      > GC holder
      Sep 17
  • eBay Yvd07
    When you marry your partner, you can file for a i130 and wait for it to become current. Meanwhile your company can process your perm and i140 which will help you renew h1 until the dates for either the 130 or the 140 become current. You can continue to renew h1 until the day you get your GC. I am in the exact same situation and am able to renew my h1 without any issues.
    Sep 17 4
    • Facebook icdN16
      OP
      Thanks Yvd07.
      Can you renew your H1B with your i130 if you already have an H1B?
      Sep 17
    • Facebook icdN16
      OP
      Also, do you have any recommendations for attorneys that you liked? Want to get a consultation to figure out the plan of action.
      Sep 17
    • eBay Yvd07
      Nope you do need 140 to renew h1 beyond 6 years. I didn't have a lawyer, just did the paperwork myself. It's quite simple and 90% of the info asked is info about your family and stuff. A lawyer would just do data entry for the most part. You could always hire a lawyer consultation in avvo.com or something if you have a very specific question. Feel free to DM me if you need other info.
      Sep 17
    • Facebook icdN16
      OP
      Thanks a lot Yvd07!
      Sep 17