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  1. #1
    Join Date
    Jan 2017
    Posts
    1

    Post Green Card Through Marriage Process when Currently Employed on H1b

    Hello,

    I am on H1B visa working for one of the top 10 consulting firms. Green card labor has been approved and waiting on i140. My girlfriend and I are planning to get married later this year and she is a citizen. I will be applying for green card through marriage. I have a few questions on green card through marriage.

    1. What is the process (forms and anything else required)?
    2. How long does it take to get the EAD and then how long does it take get the green card in hand?
    3. Can I travel out of country after EAD? If yes, will I need visa stamping or No?
    4. My green card is in process through work, will it be stopped or can I leverage it at all?

    Any help would be appreciated. Thank you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Green Card Through Marriage Process when Currently Employed on H1b

    Once you are married your spouse can petition for your permanent residence. Information straight from CIS here: https://www.uscis.gov/sites/default/...urces/A1en.pdf

    Do you not yet have the EAD for the employer?

    The EAD has nothing to do with whether you can leave the country or not. All it governs is whether you are allowed to work here. You enter or leave on your visa.

    The big question is "Do you intend to keep working for your current employer?" If so, you don't have to worry, you've entered legally and you may continue to do so. If your employer has started the green card process, there's no reason to interfere with that. Of course the moment you STOP working for the employer all that status (and the pending application) goes away. If that is the case, you can still stay while your application based on your marriage is pending (since you did enter legally), but you need to think long and hard about the implications of leaving if this is the case as it.

    Note that depending on what country you are comming from it can take a long time even though spouses of US citizens are one of the top priorities.

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