H1b -> Gc...

S

shinkansen

Registered Users (C)
I'm here on H1B, just married a USC. My H1B was extended for 3yrs and expires in July 2009. I know that if I want to travel outside the US, I need to go to a US Embassy to have it renewed so I can re-enter the US.

I'm wondering how my expires I-94, but valid H1B (i've got paperwork granting the extension) affects my GC process. If I should / shouldn't file some paperwork.. I think someone mentioned before that filing EAD wouldn't be necessary.. but worth doing as insurance..

Hopefully I've made some sense... Thanks for any responses...
 
ahh, you're right. Just checked my packet of info and I've got a new I-94...

I think what I meant to ask was if I should get EAD / AP if I have H1B. Did a search and found answers to that... Cheaper to just get my H1B stamped than wait for EAD / AP unless I want to change employer.
 
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Yeah, its cheaper and easier to just get the H-1B stamp than getting EAD and AP, assuming you don't want to change employers. If you don't wish to travel, you don't even need to get the visa stamp. H-1B remains valid for as long as your AOS is processing, as long as your keep the job that sponsored it.
 
Thanks for the many replies dr_lha. question... so, if I dont apply for AOS / AP and just continue with my H1B. Assuming I get a GC within about 6 mo or so... Once I get the conditional GC (married <2yrs), I can change employers?
 
Yes, as soon as you get your Green Card you are free to work for whoever you want. You are no longer beholden to your H-1B sponsored job.
 
So... the H1B I've got... if I leave the US I need to go to a US Embassy to get an interview and new visa in my passport. I've got an extension approved and the new I-94 that's valid til July 2009. My question is... Is there any reason why I should leave the US to get a new visa in my passport prior to filing I-130 / I-485?... or can I do that anytime in the future...

Thanks.
 
there's no reason to get a stamp...

...cos u are already in the US AND have a new I94( with future expiration date). You can file AOS/130 and provide copy of the 797 approval (status extension) notice with the new I94 copy while filing 485.
You don't need to even get a stamp cos if all goes well, ur GC will be in hand within 5 months.
For whatever reason...if you do travel outside the US, then you DO need a new stamp on the passport b4 entering..but then..there's always a possibility of getting stuck outside the US.

Current requirements for 485 state that "if you have obtained a visa from a consulate abroad in the past1 yr, send a copy of the visa" else...don't bother sending any passport related copies for 130/485.
 
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