H1b to Greencard thru Marriage

[sandeepsharma7]

I did my Masters in US while being on F-1 and then got a job here in US so my company sponsored me H1B but it has not been stamped yet as I have never gone out of country. Now, I just got married to a US Citizen and she wants me to sponsor for greencard. I am not sure how should I proceed from here. I would appreciate your response on following queries:

1. Where should I start from, what forms do I need to fill out for my change of status.
2. I need to go to India for a visit in December 2004, as you know my passposrt is not yet stamped for H1b even though I am on H1 status. So, if I file for greencard now and go to India and get my passport stamped, what forms/formalities will I have to complete.
3. I reside in Michigan state so how long does it take for GC processing?
4. I am looking for a new job, how soon can I get EAD based on greencard and what sort of forms do I need to fillout.

Thanks

 

[great guru]

File I 130/I485

better seek a advise of an attorney to get your conditional GC and EAD fast.

You may do so, if you miss out some papers, your life will be terrific.

Attorney may charge 400-1000$

Since you got this great opportunity, do not waste the time to get your EAD.

 

[waitingforAOS11]

1). Hi, please see other posts regarding this, there are a few wheo have posted and answered what forms are needed. You will also get more info. on the USCIS website.
2). Once you file for I485, it is better to exit the country on Advance Parole (I131) as you have not had your H1B stamped. I might be wrong, but, you are taking a risk if you do not have a H1 stamp and go to India and say that you enetered US on F1 and got married and need a stamp. Better to go on AP.
3). Your time frame can vary, i am not sure on what is it in MI, but, search on this forum for people who have got their AOS through MI.
4). If you use your EAD, your H1B is null and void and to exit you need AP. You can get an EAD within 90 days, if you have not gotten one in 90 days, you can go to your local office and get a temp. (iEAD) card till your actual card arrives.

 

[rkg72]

AOS - H1B to GC

Hi i will be filing thru a lawyer this week for AOS (marriage to USC) i am on H1B valid till march 2005....does anybody know any timeframes in San antonio, TX,,,

thanks Rkg

 

[dip92]

Hi i will be filing thru a lawyer this week for AOS (marriage to USC) i am on H1B valid till march 2005....does anybody know any timeframes in San antonio, TX,,,

thanks Rkg

You can do yourself. It's very straight forward case. I did myself. I am in H1B holder and it will expre 2006 and applied for GC through USC. I talked with lawyer. He said you don't need to spend money to hire a lawyer for this type case unless otherwise you are an illegal in the USA.

 

[rkg72]

AOD -H1 b to GC

Well.. i already hired and spent the bucks...my H1 b is valid till 2005 but im not on payroll...will it pose any problem..the forms do not ask for any such specific info....

pl advise

Hi i will be filing thru a lawyer this week for AOS (marriage to USC) i am on H1B valid till march 2005....does anybody know any timeframes in San antonio, TX,,,

thanks Rkg

 

[dip92]

Well.. i already hired and spent the bucks...my H1 b is valid till 2005 but im not on payroll...will it pose any problem..the forms do not ask for any such specific info....

pl advise

Absolutely no problem for you. If you even illegal here, you have to pay $1000 bucks extra to BCIS as a penalty, nothing else. So cheer up. Hope for the best. Good luck.

**I am not a lawyer. Please verify with others. But I got this info from a lawyer and also from this forum.

Dip

 

[GeorgeF]

Absolutely no problem for you. If you even illegal here, you have to pay $1000 bucks extra to BCIS as a penalty, nothing else. So cheer up. Hope for the best. Good luck.

**I am not a lawyer. Please verify with others. But I got this info from a lawyer and also from this forum.

Dip

No, there's no penalty in this case.

...and the fact that you are not on a payroll may invalidate your H1 status.

 

[rkg72]

Well...i guess i will have to file and hope for the best...my lawyer said that its a straight forward case and i should not have any problem..i hope it goes smooth...any timeframes on San Antonio....

thanks guys./..Rkg