Simi Valley, CA Immigration Law Firms & Lawyers

It is a highly technical process; and the preparatory steps will take 4-6 months. In addition, USCIS now takes 7-8 months to consider the petition. Your attorney will see if you can be qualified in the 2nd preference category ("Members of the Professions Holding Advanced Degrees") and whether you might be made a beneficiary of the national interest waiver (if yes, the process will be a lot easier, faster, and less costly) If the petition can be made in this category, you will be able to file an application for adjustment of status together with the petition, and get a green card as soon as the petition gets approved. If you cannot qualify for the 2nd preference, the petition will have to be made in the 3rd preference category, "Skilled workers". An immigrant visa in this category will become available to you in about 6 years after filing the labor certification application. It sounds disheartening, but consider that your H-1B can be extended beyond the normal 6-years limit if there is an approved 3rd preference petition, and you are just waiting for your immigrant visa to become available (in the field, it's termed "waiting for your priority date to become current").

You may marry, provided neither of you are currently married to anyone else, and you can petition for him if you are a US Citizen or lawful Permanent Resident.