Green Card question

[ravecool]

Is it a good idea to file for Labor certification with below conditions:

1. Employer ready to file Labor
2. H1B will expire(6 years) on 04/03/2010 + 3 months extension possible(vacation time)
3. Spouse going thru naturalisation process (Fingerprinting on 14th July). Possibly by year-end she will have citiz.certificate.


Is their any penalty or fine to be paid to USCIS if I file for Labor then later on file for GC thru my citizen wife ? Please advise. Thank you.

[ImmigrationAnswerMan]

Ravecool:

No. There is no penalty for applying for a green card based upon your US citizen spouse when you have a pending Labor Certification, I-140 petition or even an employment based application for adjustment of status (green card).

In fact, most immigration attorneys encourage their clients to pursue several paths to permanent residence when more than one way is available and practical.

However, filing a Labor Certification is a big expense for your company and is a significantly longer process (3-10 years depending on the category) than getting a green card through a US citizen spouse (1 year). So in your situation, if your wife's immigration attorney is confident in her chances to get her naturalization, you might consider holding off on the Labor Certification to see if your wife's naturalization is approved. Just a suggestion.

[ravecool]

Dear Ari,
Thank you very much for your advise. We did not hire any attorney yet for my wife but we are planning to hire one for my GC processing after she becomes a citizen. Is their anyway she can get a premium processing letter from a congressmen so I can get an EAD before my H1B time runs out ? I heard that even if 1 day of my H1B is remaining but the GC papers have reached USCIS I will be in a legal status in USA is it true ? Also how would she get a letter from a congressmen ? As of now it looks like she would become a citizen by December 2010 if everything goes on smooth then I will have 3 more months before my H1B time runs out. My employer already paid the lawyer fee for filing of labor certification and he is just waiting for my go ahead before they file the labor. If I have to file the labor then I have to give them a green signal by July 15.

[number30]

Originally Posted by ravecool

Dear Ari,
Thank you very much for your advise. We did not hire any attorney yet for my wife but we are planning to hire one for my GC processing after she becomes a citizen. Is their anyway she can get a premium processing letter from a congressmen so I can get an EAD before my H1B time runs out ? I heard that even if 1 day of my H1B is remaining but the GC papers have reached USCIS I will be in a legal status in USA is it true ? Also how would she get a letter from a congressmen ? As of now it looks like she would become a citizen by December 2010 if everything goes on smooth then I will have 3 more months before my H1B time runs out. My employer already paid the lawyer fee for filing of labor certification and he is just waiting for my go ahead before they file the labor. If I have to file the labor then I have to give them a green signal by July 15.

When applying as spouse of USC It is OK even if you are out of status. File the Labor It does not hurt

[ImmigrationAnswerMan]

Ditto to what number30 said, except to clarify that you can apply for a green card based upon being married to a US citizen even if you are out of status, but only where your last entry was on a valid visa or parole document. In your case you did, so once your wife is a citizen you can file for a green card even if you have fallen out of status by that point.