Basic Help Needed

uralyal

Registered Users (C)
I got married to a USC 2 months ago. I was getting ready to file I-130 and G-325A, but then I heard that it is beneficial to file I-485, I-765 and I-131 at the same time also.
I am currently working under H1B and I would like to have employment authorization and travel rights while my I-130 is pending.
Does this make sense? Should I file all of them at the same time?

Thank you.
 
uralyal said:
I got married to a USC 2 months ago. I was getting ready to file I-130 and G-325A, but then I heard that it is beneficial to file I-485, I-765 and I-131 at the same time also.
I am currently working under H1B and I would like to have employment authorization and travel rights while my I-130 is pending.
Does this make sense? Should I file all of them at the same time?

Thank you.

You must file the I485 with the I130 etc. You dont have to file for I765 or I131 if you dont want to ---- you can keep using your H1B until you become a PR, if valid. Note, if you do file for I765 or I131, you will lose your H1B status. So if you want to stay under H1B, just file I485 along with I130 and supporting docs ---- no need for I765 or I131.
 
You can file for your I-765 (work authorization) and I-131 (advance parole/travel document). If you use your EAD (e.g. you want to change to whatever other job that you want) then you will loose your H-1B status and you will be in AOS. I am not sure if you use your Advance Parole you will loose your H-1B status but for sure it's better to mantain your H-1B status even sometimes for X or Y reason people need to use their EAD. Anyway H-1B visas are considered dual intent so you can stay in your H-1B status without loosing it even if you apply for all the benefits from AOS.

Good luck,
 
You can file all your forms at the same time.

As others have said, though, you don't need to file for an I-765 since your H1 will allow you to work, and since it is dual-intent, you don't need an I-131 since you can still travel and re-enter under it. I'd only do the AP and EAD if your H1 is about to expire.
 
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