You are here:

Immigration Issues/Regarding change from F1 to green card

Advertisement


Question
Hi,
I have 2 questions.
1) I am on my F1 visa and married to a green card in jan this year in India. I am currently on my opt that expires in aug 2009. Should my husband file for the I-130 now? can he simultaneouly file for EAD? Is there a pending application status that I can stay back in the US on.
2) If i am required to get an H1 visa , what are the chances for an H1 for a Bachelors in business adminitration degree holder..

Thank you very much

Answer
Hi,

If your husband files an I-130 petition, you will have shown an intent to immigrate to the U.S., which is not consistent with maintenance of F1 status, and therefore I do not recommend that an I-130 petition be filed if the sponsor is not a U.S. citizen. An EAD application cannot be filed along with the I-130 petition, unless an I-485 (adjustment of status) application is filed concurrently with the I-130. However, the I-485 cannot be filed at this time since your husband is not yet a U.S. citizen. Additional information about the family preference categories is here: www.h1b1.com/sponsor.htm

An H1B petition should be approved if the position for which you are sponsored requires a bachelor's degree in business administration or related fields.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.