Currently in US on an L1-A and getting married to an American

[ari4u]

okay, i re-read your post and understand it better now. I assume you meant to say you already applied for H1 and would start working on H1 from september and also file for AOS in september. In this case, you have nothing to worry. You can work on H1 till you get your GC or decide to switch to using an EAD. You are lucky because if this is a new H1, you have a lot of time to be in status even if your family based GC takes longer. I dont think you would even need an EAD (unless ofcourse you wish to have freedom to work for whoever you like) or an AP (you would need this only if you switch over to using EAD)

Hope this helps.
Good Luck!

 

[RANE2202]

Thanks ari4u..so u mean I don't have to apply for EAD and AP when I send my applications, and just be on my H-1 till I get an AOS interview..u think that is possible.Will that be easier then apllying for EAD..So i I don't apply for EAD and AP how many days it would take for me to get GC and when will my H-1 gets cancelled?
And would it be a problem to re-enter the contry in middle of the process of GC, holding H-1?
Thanks

 

[RANE2202]

I forgot to mention I already applied for my H-1 and it is a New H-1.

 

[ari4u]

Thanks ari4u..so u mean I don't have to apply for EAD and AP when I send my applications, and just be on my H-1 till I get an AOS interview..u think that is possible.Will that be easier then apllying for EAD..So i I don't apply for EAD and AP how many days it would take for me to get GC and when will my H-1 gets cancelled?
And would it be a problem to re-enter the contry in middle of the process of GC, holding H-1?
Thanks

You are good. dont worry. H1 visas have a dual intent. You could be on a non-immigrant status and yet have an intent to immigrate. Applying for EAD/AP or not applying does not affect the time it takes to process your GC application. Its independent. You have a H1 visa which you could use for work and for travel. You will have no problem if you maintain your H1 status.

So, its your wish if you want to apply for EAD and AP (for your peace of mind) Just in case something happens to your H1 (like you lose your job), you could fall back on your EAD. Ill leave that decision to you.

Good Luck!