advice needed for timing of application

N

niki.s

Registered Users (C)
Hello,

I am planning to submit my Green Card application. I presently have an H1B visa, and my current stamp expires in early July of this year. I am planning to get a new visa stamp (already have all the paperwork) in two weeks.

My question now is whether it makes sense to apply for the green card now (and entering the July 2007 expiration date in all the forms), or whether it will be better to be back in the country with a new I-94 and a new expiration date.

Thank you, all advice is appreciated.

Also, does anyone have the new I-864 in fillable and savable format?
 
You do not need to worry about your visa expiring. If you are marry to an US citizen you can adjust status (I-485) and your status will be "pending" until USCIS makes a final decision (approval or denial) on your case.

The I-864 is already fillable and savable from the USCIS website.

I-864: http://www.uscis.gov/files/form/I-864_110106.pdf

I suggest you file for your GC before July 30. Since the new fees schedule will kick in and it will be a LOT more expensive.
 
niki.s said:
Hello,

I am planning to submit my Green Card application. I presently have an H1B visa, and my current stamp expires in early July of this year. I am planning to get a new visa stamp (already have all the paperwork) in two weeks.

My question now is whether it makes sense to apply for the green card now (and entering the July 2007 expiration date in all the forms), or whether it will be better to be back in the country with a new I-94 and a new expiration date.
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Well, the thing is that you will have to go to a consulate in your country to get your stamp, right? The problem you may have is the question "have you ever applied for permanent residency in the US?" that is on the application form that you will have to fill-out to get your visa stamp. I don't remember exactly (it's been almost a year since I got my H1B stamp), but I'm pretty sure that there is a question like that there. How are you going to reply to that one? If you've already applied for AOS by then, I guess you'd have to say yes and if that can be grounds for denial of your H1B stamp, I don't know, but I'd definitely make sure that's not the case, if I were you.

If you have enough time to go and get your visa stamp, come back to the US, and apply for your GC before the 30th of July, I think I'd do just that. The beauty of this solution would be that you wouldn't need to apply for advance parole and EAD and keep using your H1B to work and travel. However, if you can't do all this before July 30, I'd definitely consider the fee increase that PraetorianXI mentioned.
 
PraetorianXI said:
Oh! he is not in the US? :p
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I think (s)he is, but the thing is that you can't get a visa stamp in the US--you have to go to a consulate to do that and there are no US consulates in the US, so you have to leave the country.

Preferably (as far as I understand), you should go to your home country to do that, but I know some people who have been successful getting their stamps in Canada or Mexico.
 
PraetorianXI said:
:confused: can't he just adjust status?
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He already has a valid H1B status, so there's no need to adjust anything. He just wants a new stamp in his passport.

To stay (and work) legally in the US, yes you can adjust your status from something else (e.g., F1--that's what I did), but to travel (i.e., get back to the US), you need a visa stamp in your passport.

Of course, he could always use advance parole to travel, if he went ahead and filed for GC and AP+EAD at the same time, but why waste money on that, if he could use his H1B? Of course, that's provided he has enough time to do it and avoid the fee increase and is not planning on working anywhere else, but the place connected with his H1B.
 
ttinatl said:
I'm pretty sure that there is a question like that there. How are you going to reply to that one? If you've already applied for AOS by then, I guess you'd have to say yes and if that can be grounds for denial of your H1B stamp
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The INA specifically prohibits consular officers from denying L and H visas based on immigrant intent.
 
PraetorianXI said:
I believe his intention is to apply for Residency. In that case, Adjusting Status would be easier... ;)
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Yes, that's his ultimate goal (I'm setting aside applying for citizenship and, after the Constitution has been changed, running for President... ;)), but he's asking if he should get a new H1B stamp in his passport (which will allow him to travel without the need to spend all the money on AP and EAD), or if he should just go ahead and start the AOS process with his old stamp/I-94. Yes, he will eventually adjust his status (to that of a permanent resident) whether or not the new visa stamp is in his passport.
 
Thank you for all your replies.

I think I will go ahead and travel home to Germany (as planned), get my new visa stamp there, re-enter the US and then file my application before July 30th. Thanks for the advice on the new fee structure.

Thanks,

Niki.
 
niki.s said:
Thank you for all your replies.

I think I will go ahead and travel home to Germany (as planned), get my new visa stamp there, re-enter the US and then file my application before July 30th. Thanks for the advice on the new fee structure.

Thanks,

Niki.
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You're welcome. I hope that everything works out for you. :)

By the way, when will your current H1B status (and the new stamp) expire?
 
My new stamp (and thereby my H1B visa, no more extensions possible after a total of 6 years) will expire at the end of May 2009. That will be plenty of time for my adjustment of status, and it will open the door for other job opportunities.

Thanks for your help.

Niki.
 
niki.s said:
My new stamp (and thereby my H1B visa, no more extensions possible after a total of 6 years) will expire at the end of May 2009. That will be plenty of time for my adjustment of status...
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OK. Sounds like you're in good shape, indeed. That should give you enough time. Unless, of course, you get stuck in the name check. In that case, there's no way of knowing how long it's really going to take. Hopefully, it's not going to happen and if it does, you can always apply for EAD+AP later.

niki.s said:
..., and it will open the door for other job opportunities.
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I'm not sure if I know what you mean by that. If you decide to keep your H1B during your AOS process rather than apply for EAD+AP, you're not allowed to work anywhere else, but the place that filed for your H1B. If you do want to change jobs, or get some extra employment, you should apply for EAD, which allows you to work wherever you want. However, if you do that, you will have to apply for AP as well, as your H1B won't be valid anymore and thus cannot be used for travel.

I think you know that, but just in case, I thought I'd mention it... :)

Good luck with everything!
 
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