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I have a GC and am marrying someone in H1B status. If I sponsor him for a GC under the FB2A category, can he remain in the county in H1B status until his priority date becomes current?

15 Dec 2014
Posted at 08:30h in FAQs by

Answer

Yes, an FB2A case would have no impact on your spouse’s existing H1B status. There is no conflict between the H1B and the I-130 because ‘immigrant intent’ is not an issue for H1B workers.

But, the H1B status cannot extended beyond the six-year limit based upon an I-130 case. (15.Dec.2014)

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