El Jebel, CO Immigration Law Firms & Lawyers

Getting an approval is not going to bring your husband into the U.S. any sooner because, as a spouse of a permanent resident, he will not be eligible for an immigrant visa until his priority date becomes current. You filed I-130 in March 2012; immigrant visas are being issued to the beneficiaries of the petitions filed in October 2010. Your husband's place in the wait line is determined by the date of filing of I-130, not by the date of its approval. You have about 18 more months to wait; and expediting the processing of your I-130 will not bring the priority date any closer. Neither USCIS nor the National Visa Center has the authority to issue an immigrant visa in excess of the limit allotted by the Congress or to move your husband up the priority line. Considering your health, you might ask for your husband's admission to the U.S. on a humanitarian parole so he could be with you while waiting for his immigrant visa priority date.

Your new employer must apply for and receive approval for the H1B petition for you. If you are in valid status, you may be able to mark that you will be changing status on the I-129 petition. You and your new employer should consult an immigration attorney.

I am assuming that he is still in status on his student visa. You would first need to file a form I-130 and then a form I-485. I would strongly suggest that you consult with an experienced immigration attorney to guide you through the process and to make sure that all of the necessary documentation is supplied to the U.S.C.I.S. in a timely manner so as not to delay or prejudice your petition.