H1-B to Green Card

R

rorya

Registered Users (C)
Need some info regarding my situation. I am on an H1-B visa that expires in 12/02/05 (December 02). I am getting married to a USC at the beginning of November. Because its a destination wedding we are just doing the official marriage in a court here in the US. Im attempting to avoid having to refile for a H1 extension as those are costs I have to bear. So if I file the green card paperwork immediately, these are my questions:

* From a legal standpoint, do I still have to file for a H1 renewal to stay in the US? From what I understand, yes, if I want to continue to work. Seeing as I am a consultant, I have no problem not working for a month or so, if thats what it means.
* If we move the official court marriage forward, how early would that have to be, in order to not have to extend my H1?

Thanks
 
rorya said:
Need some info regarding my situation. I am on an H1-B visa that expires in 12/02/05 (December 02). I am getting married to a USC at the beginning of November. Because its a destination wedding we are just doing the official marriage in a court here in the US. Im attempting to avoid having to refile for a H1 extension as those are costs I have to bear. So if I file the green card paperwork immediately, these are my questions:

* From a legal standpoint, do I still have to file for a H1 renewal to stay in the US? From what I understand, yes, if I want to continue to work. Seeing as I am a consultant, I have no problem not working for a month or so, if thats what it means.
* If we move the official court marriage forward, how early would that have to be, in order to not have to extend my H1?

Thanks
Click to expand...
If you file for GC immidiately after wedding, you will not need to renew your GC since you will be on Adjustment of Status. Since you don't want to file for your H1 extension, you will need to file for EAD with your GC application. After your H1 expires, you will not be able to work until you get your EAD. Usally it takes 2 months to get EAD after filing the paper works.
 
rorya said:
Need some info regarding my situation. I am on an H1-B visa that expires in 12/02/05 (December 02). I am getting married to a USC at the beginning of November. Because its a destination wedding we are just doing the official marriage in a court here in the US. Im attempting to avoid having to refile for a H1 extension as those are costs I have to bear. So if I file the green card paperwork immediately, these are my questions:

* From a legal standpoint, do I still have to file for a H1 renewal to stay in the US? From what I understand, yes, if I want to continue to work. Seeing as I am a consultant, I have no problem not working for a month or so, if thats what it means.
* If we move the official court marriage forward, how early would that have to be, in order to not have to extend my H1?

Thanks
Click to expand...


Hi ,
I recently got married and mine was a destination wedding too. I got married first here at the city hall in order to change my status from H1 to permenant resident. After you get married it takes 14 days to get your marriage certificate, which you will need to file for GC. Then once your application is in process you will need an Advance Parole in order to be able to leave the country and this paper will serve a visa to re-enter the US. And you need the Employment Authoriztion Document to be able to work. I suggest you get married asap and file your papers so you will be able to leave for your wedding in november.I filed for Adjusment of Status, Ap and EAD on april 11 and got my EAD and AP on June 14, left the country on July 23th, came back with my AP on August 7th and had GC interview on August 18. I am a permenant resident now.
 
Hi..I am confused in my status right now..I am on F-1 now and my OPT expired on August 9th and I applied for H-1 in April and still waiting for approval.My question is :
1)I am applying for GC thru marrigae to USC..If my H-1 doesn't come by cut off date i.e. Oct 1st AND MY gc APPLICATION nOTICE RECEIPT also doesn't come by Oct 1st..Do I have leave the country?

Am i safe to stay here once i send my applications and NOT receive my ND
Please help
 
sanjanar2001 said:
Hi..I am confused in my status right now..I am on F-1 now and my OPT expired on August 9th and I applied for H-1 in April and still waiting for approval.My question is :
1)I am applying for GC thru marrigae to USC..If my H-1 doesn't come by cut off date i.e. Oct 1st AND MY gc APPLICATION nOTICE RECEIPT also doesn't come by Oct 1st..Do I have leave the country?

Am i safe to stay here once i send my applications and NOT receive my ND
Please help
Click to expand...
You are fine. You don't have to leave the country.
 
Hi Gamze -

Are you on H1-B visa ? Because I'm just kind of curious since it is already 50 days from my filing of AP and EAD Document, but haven't got any update from USCIS other then the Receipt Notices....

I have a pending job offer, that they are counting based on EAD...but I am not receiving it though...

Any suggestions ....

Timeline -

RD - July 7th for I-130,485,765,131
Waiting for further proceedings...
 
Close but not really...

i dont know if you guys familiar with this or not...but im just a GC holder and my girlfriend is H1B and we'd like to get married soon. Her visa due to expire April 06, and it's her second extension. what do you i need to do so she doesn't have to leave the country....thank you!
 
RAIDER-NATION said:
i dont know if you guys familiar with this or not...but im just a GC holder and my girlfriend is H1B and we'd like to get married soon. Her visa due to expire April 06, and it's her second extension. what do you i need to do so she doesn't have to leave the country....thank you!
Click to expand...
Search through this forum. You will find many case similar to you. GC hoder filing for spouse...
She will have to maintain her on status. It takes 4-5 year for a spouse of GC holder to get the GC unless you become an USC.
 
Advance Parole Travel

Hey Guys..

Heyyyy, Finally i got the adv parole docs..

They have sent 2 copies of the form in the envelop...
If any of you guys know about, how to use these docs to travel ????

Like what will i have to show while i'm moving out of US and while coming back to US from home country ?????

Thanks in advance !
 
jparikh1 said:
Hey Guys..

Heyyyy, Finally i got the adv parole docs..

They have sent 2 copies of the form in the envelop...
If any of you guys know about, how to use these docs to travel ????

Like what will i have to show while i'm moving out of US and while coming back to US from home country ?????

Thanks in advance !
Click to expand...

You dont have to show your papers when you leave the country. You will have to only surrender your I-94. When you re-enter, you will have to show your AP papers and sometimes the officer at the POE takes a copy for their records and would put a stamp/seal on the copy you have. You can re-use your copy any number of times to travel while it is valid.
 
You must log in or register to reply here.
Top