When a green card holder marries an H-1B worker, the green card holder can file an I-130 petition for their spouse. This process is subject to the Family-Based 2A (F-2A) category, which has a cut-off date in the visa bulletin, affecting the H-1B worker’s ability to adjust status until the priority date is current.
Key Details:
- The I-130 petition can be filed anytime after marriage.
- The H-1B worker’s adjustment of status is contingent on the F-2A cut-off date.
- The H-1B worker may need an I-140 to remain in the U.S. beyond six years if cut-off dates are slow to move.
- Alternatives for the H-1B worker include going abroad to complete the green card process or changing to F-1 or O-1 status.
The complexities of the F-2A cut-off dates can create uncertainty for affected immigrants. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Robert Webber