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Immigration Forum / USA Marriage Base / July 2006Green Card Question (Marriage and H1B visa)
Hi guys, Currently I am on H1B visa. (my first 3 years period ends in Feb 2008). I got married about a year ago to US Citizen (August 2005). I wasn't in hurry to fill in any paperwork but now I decided that It is a high time to apply for Green Card. Could you tell me what documents should I fill in? (I-130 + I-485 at the same time?) . Also several related questions: What form to fill for Adjustment of Status? If I fill this forms will I loose my H-1B visa? I am currently working so that is important for my employee. Should I also apply for authorization for work? Also my wife is a grad student so she does not earn much (I am making significantly more - is that a problem?), I heard it may quite a long time to actually get green card (are you allowed to work in the midtime?), (also my H1-B was adjustment of status - from J1 - hope it is also not a problem). Leslaw. (PS: I am kind of lost which forms are for what...) > Hi guys, > [quoted text clipped - 20 lines] > BTW: I have a lot of experience with waiving J-1 2HHR requirements - I > can answer your questions regarding this. Yes, file an I-130 and I-485 at the same time. The I-485 is the form for adjustment of status. The instructions for the I-130 and I-485 are very specific as to what other forms they each require. For example, you'll need to fill out Form G-325A (several sets of it...it's all in the instructions), the I-864 affidavit of support (read below), and you'll need to get a full medical done. I don't believe filing AOS negates the H-1B, no. Once you get your GC in hand, you won't need the H-1B anymore, either. If you plan to change employers, or if you think your current employment won't last, it's best to file the I-765 for EAD. That will give you the flexibility to change employment if you want to. If you don't, you won't need to file for EAD. If you've been living together for 6 months or more (which it sounds like you have), then you can include your income on the I-864. Have your wife fill out the I-864 and include both incomes. You will need to fill out an I-864A as a household member whose income is being included. How long it takes depends on your local office backlog. What's your local office? Yes, you can work in the meantime, either for your current employer on your H1-B, or for a new employer on your EAD, if you get one. As far as I know, that's not a problem. Just bring all your immigration history to your AOS interview when it comes around. Best Wishes, Rene > Yes, file an I-130 and I-485 at the same time. The I-485 is the form > for adjustment of status. The instructions for the I-130 and I-485 [quoted text clipped - 27 lines] > Best Wishes, > Rene Just thought I'd also mention that you'd normally also file an I-131 for AP (for overseas travel while waiting for AOS). But if your H1B is still valid, I believe you can travel on this visa without applying for the AP. Someone correct me if I'm wrong on this point. Rene > Just thought I'd also mention that you'd normally also file an I-131 > for AP (for overseas travel while waiting for AOS). But if your H1B [quoted text clipped - 4 lines] > > Rene I cannot travel on my H1-B since it is only Adjustment of Status - I don't have actual visa stamped in passport. Thank you very much for ANSWERS... This time I decided to fill it on my own (FORGETTING LAWERS - as I had bad experience with my 2HHR (cost me about 15k) and I ended with basically doing it myself) > I cannot travel on my H1-B since it is only Adjustment of Status - I > don't have actual visa stamped in passport. Thank you very much for > ANSWERS... This time I decided to fill it on my own (FORGETTING LAWERS > - as I had bad experience with my 2HHR (cost me about 15k) and I ended > with basically doing it myself) In that case, you might want to include the I-131 for AP on your list of forms to file. Rene > I cannot travel on my H1-B since it is only Adjustment of Status - I > don't have actual visa stamped in passport. Thank you very much for > ANSWERS... This time I decided to fill it on my own (FORGETTING LAWERS > - as I had bad experience with my 2HHR (cost me about 15k) and I ended > with basically doing it myself) This was actually a Change in Status. Adjustment of Status refers to the adjustment to permanent resident status. :) Rene > I cannot travel on my H1-B since it is only Adjustment of Status - I > don't have actual visa stamped in passport. Thank you very much for > ANSWERS... This time I decided to fill it on my own (FORGETTING LAWERS > - as I had bad experience with my 2HHR (cost me about 15k) and I ended > with basically doing it myself) Do your understand your rationalization. If the H1-B is current and you are still working for the same employer you can travel on the H1-B. Why didn't you leave the country to say Canada and get the stamp in your passport for the H1-B?  SignatureI'm not an attorney. This disclaimer is valid in NYS! > Do your understand your rationalization. If the H1-B is current and > you are still working for the same employer you can travel on the H1- > B. Why didn't you leave the country to say Canada and get the stamp > in your passport for the H1-B? I think I will have to go to Poland (my country of origin - due to 2HHR waived - the problem is I don't want to find out - takes too much time ;))) - nobody knows for sure...), but anyway - I didn't care since I was not planning to travel anyway. Also one will need 1-2 weeks to to this which I don't have (working). > Just thought I'd also mention that you'd normally also file an I-131 > for AP (for overseas travel while waiting for AOS). But if your H1B [quoted text clipped - 4 lines] > > Rene I'll probably be corrected here, but this is what an immigration official told me. Once I applied for AOS I was in effect in a 'no mans land', neither in or out of status. I'd have to file I-131 if I wanted to travel. I guess this is required incase your status changes whilst your out of the country? He further suggested I don't file I-131 at all, as cases in Texas are being processed quickly. He smiled (I swear he did!) and said to save my money if I didn't plan to leave the US in the next 90 days. He thought my AOS would 'more than likely' be finished in that time period. We have our interview late August, so I'll keep you posted!!! > I'll probably be corrected here, but this is what an immigration > official told me. Once I applied for AOS I was in effect in a 'no mans [quoted text clipped - 6 lines] > finished in that time period. We have our interview late August, so > I'll keep you posted!!! My take on it is that if your H1-B is still valid, i.e. unexpired, still working for same employer, blah-blah-blah, you can re-enter the US with your H1-B, even after you've applied for AOS. If, however, you obtain an EAD and change employers, then you need AP, since your not 'using' your H1-B anymore. As for being in "no man's land", that can be said of anyone who's going through any process with the USCIS, but seriously, I think your status in that case is 'Pending AOS', but you can still fall back on the provisions of your H1-B, provided it's valid and you're abiding by it's conditions. Steve. > My take on it is that if your H1-B is still valid, i.e. unexpired, > still working for same employer, blah-blah-blah, you can re-enter the [quoted text clipped - 7 lines] > > Steve. I have direct first hand experienc e- on valid H1B and having filed AOS, I easily travelled on my H1B - perfectly fine as the H1B is still valid and is a dual intent visa. > I'll probably be corrected here, but this is what an immigration > official told me. Once I applied for AOS I was in effect in a 'no mans [quoted text clipped - 6 lines] > finished in that time period. We have our interview late August, so > I'll keep you posted!!! Bloody hell. I should have moved to Texas ;) Anybody know what the current time line is for NYC? > Bloody hell. I should have moved to Texas ;) Anybody know what the > current time line is for NYC? Texas has the DORA program, and although my location in Texas excludes be from using the Dallas office (and its fast track pilot) I got the impression that other offices in Texas are competing with Dallas. The official from San Antonio felt it would take 90 days, I'll keep 'ya'lls' posted . . . |
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