Greetings Members /Experts,
My case is as follows
I am an Indian citizen, currently residing in the US under an H1B visa via my employer (American express) valid till May 2024 and they extend my visa 6 months before expiry as I have my I140 petition approved ( priority date Feb-2020) as well. I live in Salt Lake City Utah along with my wife (Indian citizen, married in 2016) who is on an H4 visa.
In 2019 my brother who is a US citizen filed the I130 petition under (F4B) category for my green card process and finally on 2nd July 2022, the petition got approved and in the approval notice, it says that I can either apply for an immigrant Visa as it becomes available in any of the US consulates outside of the U.S or I can apply for adjustment of status while here in the US.
I don’t have any immediate plans to go to India or outside of the US, furthermore AFAIK based on reading on US department of state website, I have to wait for a visa to become available at NVC even before applying to a consulate. My priority date as per the approval notice is December 2019.
However, as per the notice, I can file the adjustment of status as per the approval notice and that’s where I have some concerns if I do that and I seek your advice.
- Am I eligible to file an adjustment of status myself or via an attorney or do I have to wait till the priority date becomes current? I see the current priority date for Indian nationals in the visa bulletin as Feb 2006? What is the downside of applying for adjustment of status now than waiting for the next 15 years?
- If I file an adjustment of status now will it impact my current H1B visa and my wife’s H4 visa in any way?
- Can I include my wife also while filing the adjustment of status along with my approved I130?
- If I cannot include my wife as part of #2, what are my options as she is currently my dependent?
Bottom line is that my employer has filed an I140 which was approved but for that, I can only file for adjustment of status once my priority date becomes current (6 years wait) and I want to know if it’s worth proceeding to file the adjustment of status for the I130 petition, I want to follow the route whichever is faster for the path to permanent residency.
I have attached the approval notice with some redacted information - for your reference.