Green Card for my wife with H1B

[bhatia333]

Hi,
I became a US citizen through Naturalization last month. I am planning on applying for a GC for my wife. The confusion is that she is an H1B and she has already applied for GC through her current employer. So her current status is “applicant for adjustment of status to permanent resident.” Her I-140 is also approved. She also has her valid H1B visa till Aug 2010.

My question is what is the process of applying for a green card for her through marriage basis as she is already here US working.

As of now I am looking at filling out the I-130, I-485 and I-864. Is there anything else I need to do?

Also in form I-485 the is a section which asks the "Current USCIS Status" and "Expires On" (the current status) in Part 1 of the form. I not sure what would that be.

Any help in this regard is highly appreciated

[txh1b]

H1b - MM/DD/2010 (I-94 expiration date)

[bhatia333]

H1b - MM/DD/2010 (I-94 expiration date)

Thanks for your reply txh1b. I was expecting a more detailed answer. Let me ask the question properly

1) My wife has already submitted her I-485 through her employer and has her EAD. She has also been allocated an A number. Now my question is do I need to send another I-485 and pay all the fee associated with it? How can I direct USCIS to use her current application and then change it to a family based petition for green card, if that is possible.

2) I am planning on sending the I-485, I-130 and I-864 forms. In the forums I have seen people are sending a lot more forms like I-131, I-325 etc. How do I know which other forms to send?

-TIA

[txh1b]

A conversion from EB to FB is not possible AFAIK as these are separate petitions. For the FB based petition, I think you have to start from scratch. Wait for other responses from members or talk to an attorney.