Please help...H1b to GC through Marriage

R

rohitmania_2000

Registered Users (C)
Hi,

Currently i am on H1b status valid till Sept 2008. I got married last week to an USC and now planning to apply for GC. We are planning to visit India in Jan and will be returning in Feb. My questions are:

1) Is it OK(safe) to travel on H1B even if i have applied for GC?
2) What if my I-131 got approved while i am in india?
3) Can i successfully return to US on H1B irrespective of the status of GC case?

Can i apply only for EAD and not for GC?

Thanks,
Rohit Goyal
 
1) Yes, it used to require you to have a receipt notice for your I-485, if you plan to return to work for the same employer, but the law has changed a few days ago where that's not required anymore, so you can basically file for AOS and go travel the next day if you return in H-1B status. But, be mindful you might receive RFEs, an appointment for fingerprinting, interview notice etc. so you'd want to travel probably after fingerprinting and before your interview. Can be difficult to time.
2) You don't need an AP to re-enter if you return with the intention to continue the same H-1B job. In fact, you shouldn't even use it, if you return to work for the same employer.
3) Yes. H-1B is a dual intent visa and will not be canceled if your AOS is denied.

Do you have a stamped H-1B visa in your passport? You'd need one to get back.

:D Funny question, no, there are no interim AOS benefits without applying for AOS. Well, you may qualify for EAD in other ways than AOS (hardship etc) if that's what you mean.

Sound like maybe you want to change employers? In that case you would need AP to return. Also, you may want to modify your first post and not use your full name (if that's your full name) on any internet forum.
 
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Thanks for the information..

Yes i do have a visa stamped on my passport valid till Sept 2008.
I am planning to change my current employer once i return from India, i believe i need EAD other than H1b transfer...rite. Do i need AP in this case while returning from India?? My understanding is if i have a valid H1B, i can return on H1B irrespective of the status of AP...is it right?
 
You can return in H-1B status only if you plan to continue to work for your current employer. If you want to switch companies and work on EAD upon your return, you would no longer return in H-1B status and you would need AP to enter. Basically, your re-entry using the H-1B visa is contingent on you continuing your H-1B job. At the Port of Entry, you'd be stating that you intend to return to work for this specific employer and the specific job ... if you enter and go work somewhere else, it could be considered immigration fraud. (someone correct me if I'm wrong)
 
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So does that mean i can not switch company if i return in H1B status even if EAD gets approved? Do i need to wait for particular time(weeks/months) before i can start using my EAD to switch the company?
 
I'm not aware of a particular time period that you have to wait after H-1B re-entry before you can work on EAD for another company. Obviously, you can't enter and immediately go work elsewhere. The H-1B status requires you to maintain an employer-employee relationship with the specific company. I would say use common sense, if you have specific plans to start working elsewhere in the near future when you return, I would say you shouldn't re-enter on H-1B. I would say a couple of months to be safe. But, let's say you return and suddenly a week later a great job opportunity opens up that you were previously unaware of, and you can prove you were unaware of it, then it's a different situation. So it depends, but generally if you re-enter in H-1B make an effort to intend to keep working your H-1B job upon your return.
 
You could consider filing only the I-130 now, then file the I-485 after coming back from India. Then you can just reenter with the H1B just like with any other trip you have taken in the past, and there would be no risk of being outside the US when they give you a fingerprint appointment (which is often with VERY short notice like less than a week).
 
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