Question about my situation

[MrCoolDude]

I entered United States legally on H1b visa. I got married to permanent resident on 2003 and my I-130 application was filled on in 2004. But my H1B expired on 2005 and i did not leave the country. Now my wife has become US citizen. Therefore i wanted to find about how long will it take me get my work permit (I-765) and Green card and what kind of penalty i would have to pay?

[PraetorianXI]

No penalty, you need to file I-485 with a copy of the I-130 receipt, a copy of her naturalization certificate and a letter requesting an upgrade of the petition (i-130).

Along with all of the other forms, it should take from 4-8 months.

[MrCoolDude]

No penalty, you need to file I-485 with a copy of the I-130 receipt, a copy of her naturalization certificate and a letter requesting an upgrade of the petition (i-130).

Along with all of the other forms, it should take from 4-8 months.

Thanks for your info
You said 4-8 months.
So Does it take 4-8 months for Work permit or Green card ? My understanding is that we get work permit and then green card. Can u be more precise please ?

[PraetorianXI]

The minimun times are:

60-90 days for the work permit.

90-120 days for the Green Card.

In some cases, depending on your local USCIS office (where you will be interviewed). You get them at the same time.

Also, once you receive the Green Card you no longer need the work permit.