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  • H1B and GC confusion

    Hi,

    I recently received my H1B approval through COS valid through 2011. I have not yet gotten my H1B visa stamped on my passport. My passport is valid through July 2009 and I intend to get it renewed in Washington DC this July. My firm (a huge fed contractor) is keen on starting my GC processing. I would like to know the following details:

    a) My spouse is on a temporary L1 visa ending in July, 2008. Does he need to be on a valid visa status to be added to my GC processing?
    b) Is it ok to apply for a GC without an H1B stamp on my passport?
    c) What is the average time for processing?
    d) When can I start the process for GC?

  • #2
    First of all, More Data is Needed to Process Your Request.

    a) Your spouse should maintain some legal status to stay in the U.S. unless your Priority Date (PD) is current and you guys apply for I-485 (the last stage) and get EAD/AP approved in a timely manner before his L1 status ends.

    b) Yes. The key is to maintain some legal status

    c) Depends on your country of birth, EB category, PD

    d) Any time as long as you qualify for the offered job.

    Please read about the GC process in general as it pertains to your situation.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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