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?


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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