Question:
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).
Answer:
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!!!
In that case, you might want to include the I-131 for AP on your list of
forms to file.
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)
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.
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.
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).
This was actually a Change in Status. Adjustment of Status refers to
the adjustment to permanent resident status. :)
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.
