H1B to Greencard Process?

Question

Good Morning,

I am H1B Visa holder and my H1B getting expires on Sep 2008, I have landed in USA on Sep 2007. This is my first renewal.

My father will be coming on GreenCard on Feb 2008, so i would like to know whether i should go for renewal of my H1B, or should start process for GC with my employer or on my fathers base and how whichever requires less time.

Also I am planning to go for marriage in nov 2008, so how what should i do in this situation.

Thanks

Answer 1

I have to assume that you are over 21, since you are currently working on an H1b visa. If not, you may well be able to qualify for a green card based on your father's application. But, if you are an adult, then you won't be able to use that, because legally, you are no longer his dependent.  As for what you should do with your H1b, that depends partially on you, and partially on your employer. Does your employer intend to support your green card application, or not? As for your marriage, how it would impact all of this would depend on whether your fiance is an American, a green card holder or a foreigner. so, without knowing that, I can't say much.

Answer 2

you should renew your h1b visa AND start your  GC process though your employer.  you will not qualify for GC with your father after you get married. green card holder can only file petition for their spouse and unmarried sons and daughter. the immigrant visa waiting time is very long.

you should start your GC process though your employer as soon as possible because the immigrant visa waiting time is long. until you are eligible to file for adjustment of status(when your priority dates become current and visa numbers are available for your petition category) , you need to maintain your non-immigrant status at all time. good luck.