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Applying For Green Card While Spouse Is On H1b But Not Working

Discussion in 'Nonimmigrant Visa Validity' started by Alex_Hernandez, Jan 17, 2017.

  1. Alex_Hernandez

    Alex_Hernandez New Member

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    I am on OPT since late September 2016 and working for a company. My employer is going to apply for my green card very soon. My spouse is on H1b since October 2016 but she had to leave her job and move with me in September to the city I work. My question is how we should handle this issue since she has been out of job for a couple months so far. Does it affect my green card application? One solution will be to apply for her f2 visa but it will be time consuming I guess and as I said my employer is going to apply for my green card very soon. Besides, for changing visa from h1b to F2, she needs to have paystubs for her last three months which she obviously does not since she has not been working. Should I apply only for myself and wait for her to get a job and then apply for her green card? if yes, how?Or maybe USCIS takes it easy since she is my spouse and she came to US the first time on F2 visa and based on her records they can see we are still married together? I would be grateful if you let me know how to go through this to save our green card application.
     
  2. JoeF

    JoeF Senior Member

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    She is out of status. She needs to get into status, either an F2 or finding another employer and have the employer file an H1. She will have to leave the country and come back with a valid visa, because a COS or EOS is not possible due to her being out of status.
     

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