H1B > EAD Timing

[akdnzli]

Hi,

Let me keep it short:

* I am in US with H1B and my 6 years time (I-94) will expire at Oct 15 2012.
* I am going to marry at Sep 1st.

What I know:
* We need to apply for I-765 and I-485 after marriage and we are supposed to have EAD within 120 days.

Questions:
* We live in Virginia but our marriage will be in Maryland. Is this important for any timing concerns? Any extra paperwork? Do you think we should marry in Virginia for a faster process for EAD?
* Do we need to fill out any other forms except I-765 and I-485 after marriage?
* Since my H1B expires at Oct 15th,
- Should I leave the country until getting my EAD?
- Should I stop to work for my current work until getting my EAD?
* When I get my EAD, should I do anything at Social Security? Any status update?
* I need to visit Europe at March,
- How do I leave the country?
- Should I get any appointment at the embassy for a passport stamp?
- How do I enter back to the US?



Thanks in advance.

 

[dhlunar]

See my comments in red. If anyone else has anything to add please do so.

Hi,

Let me keep it short:

* I am in US with H1B and my 6 years time (I-94) will expire at Oct 15 2012.
* I am going to marry at Sep 1st.

What I know:
* We need to apply for I-765 and I-485 after marriage and we are supposed to have EAD within 120 days.

Questions:
* We live in Virginia but our marriage will be in Maryland. Is this important for any timing concerns? Any extra paperwork? Do you think we should marry in Virginia for a faster process for EAD? No extra paperwork if you get married in Maryland and live in Virginia. The assignment of the district office that you will need to go to for your I-485 interview is based on your home address on the I-485. However, in terms of getting married in Maryland you need to get a marriage license from the county in which you plan on getting married at least 2 days in advance.
* Do we need to fill out any other forms except I-765 and I-485 after marriage? The petitioner (your US Citizen spouse) needs to file a I-130 after you get married. You will also need a medical exam which is under a I-693 and an affidavit of support which is filed by the petitioner I-864 unless you have at least 40 Social Security credits in which you can file a I-864W. All these forms need to be filed at the same time. (If filling a I-765 for a pending I-485 there is no additional charge.)
* Since my H1B expires at Oct 15th,
- Should I leave the country until getting my EAD? If you file the I-485 package before your current status expires then you are in what is called AOS mode and you are allowed to stay in the US.
- Should I stop to work for my current work until getting my EAD? You are not allowed to work in the US unless you have a valid EAD or a GC.
* When I get my EAD, should I do anything at Social Security? Any status update? Notify SSA after you get your GC so they can update your record.
* I need to visit Europe at March,
- How do I leave the country? File an I-131 for Advance Parole at the same time you file your I-485 package. Again, no charge.
- Should I get any appointment at the embassy for a passport stamp?
- How do I enter back to the US?



Thanks in advance.

To clarify you need to file the I-130, I-485, I-693, I-864 (or I-864W if eligible) at the same time. Please read the instructions for each form, because there might be more forms that are needed. You can also file the I-765 and I-131 at the same time with the other forms or at a later time.