H1B out of status and applying for GC

D

dhillonfc

Registered Users (C)
Hi there everyone,

I am planning on applying for green card late 2010 after marrying to my fiance. And I would like to know ahead of time if my situation is safe enough to apply for my GC. Therefore I have few questions that I would request members of this board to answer. Below summarizes my current situation.

I came to the US as a F1 student, and after graduation I applied for H1B in march 2009 through an Indian consulting company and got H1B approved. Due to unavoidable circumstances I fell out of status from my H1b visa. The only proof I have of my H1B is the photocopy of my I-797 approval notice.
The original is with that company.

Now here is my question. Do I need my documents pertaining to H1B for GC application or would my F1 documents suffice? And, if it requires my H1B papers, would the photocopy of I-797 do the job? Or would I need to get the original? The fact being I don't want to deal with that company to get the original I-797; even if I am legally entitled to do so. F.Y.I. the I-797 notice has my new I94 number on it - if it matters.

Thanks ya'll for reading.
 
The company is obligated to give you the original copy of the I-797. Ask them sternly, if they do not oblige tell them you are going to complain to USCIS. And do that anyway, if you still do not get a favorable response
 
To apply for AOS based on marriage to a US citizen, all you need is proof of inspection. Your F-1 based I-94 will suffice on its own if you cannot get any H-1B based documents.

dhillonfc said:
Do I need my documents pertaining to H1B for GC application or would my F1 documents suffice?
Click to expand...
 
Triple Citizen said:
To apply for AOS based on marriage to a US citizen, all you need is proof of inspection. Your F-1 based I-94 will suffice on its own if you cannot get any H-1B based documents.
Click to expand...

Thank you sir for your reply. So, I can tell that company to get off. I am relieved now. I can concentrate solely on my GC now.
 
whtmyid said:
The company is obligated to give you the original copy of the I-797. Ask them sternly, if they do not oblige tell them you are going to complain to USCIS. And do that anyway, if you still do not get a favorable response
Click to expand...

Thanks for your reply. I understand that I am eligible to get my original copy. I just don't want to put any time, effort or energy into getting that.
 
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