Help on H1-B and adjustment of status after marraige

S

sirach38

New Member
Hi,

I'm new to this forum. I'm on an H1B here in Illinois but unfortunately, I lost my job at the end of July. I was fortunate to have gotten a 3-year H1B but it will be expiring in May 2006. I recently married my fiancee who is an American citizen.

I would like to find out what I need to do to "legitimize" my stay here in the US. I'm out of status and I'm afraid of being forced to leave the US. I'm currently job-hunting but I would like to have this "visa issue" be resolved so that I won't have to worry about the H1B petition transfer.

I've read some of the forums and have downloaded the necessary documents. If anyone is kind enough to point me to a thread or provide me some guidance, I will be grateful. My main concerns are the following:

What documents do I need?
Where should I file?
Should I hire a lawyer? Can this be done on my own?

Thanks!
 
Legally, you have to leave the US if your H1B expired or lost your job but if you already married to USC it's should be OK. check uscis.gov to prepare all the necessary documents to apply for EAD, travel doc if you want to travel and adjusting your status.

It's probably faster for you to apply EAD through marriage rather than get a H1B through employment again. Talk to a lawyer if you want, your case shouldn't cost too much money because it's not complicated.
 
sirach38 said:
Hi,

I'm new to this forum. I'm on an H1B here in Illinois but unfortunately, I lost my job at the end of July. I was fortunate to have gotten a 3-year H1B but it will be expiring in May 2006. I recently married my fiancee who is an American citizen.

I would like to find out what I need to do to "legitimize" my stay here in the US. I'm out of status and I'm afraid of being forced to leave the US. I'm currently job-hunting but I would like to have this "visa issue" be resolved so that I won't have to worry about the H1B petition transfer.

I've read some of the forums and have downloaded the necessary documents. If anyone is kind enough to point me to a thread or provide me some guidance, I will be grateful. My main concerns are the following:

What documents do I need?
Where should I file?
Should I hire a lawyer? Can this be done on my own?

Thanks!
Click to expand...

You've come to the right forum. All the information you need is in here and you could search for it. For starters, here are the forms you would need...
USC Spouse submits: I-130, I-864
You submit: I-485, I-693, I-864A(If using your income to qualify), I-131, I-765

You may want to look here for additional information.
http://uscis.gov/graphics/services/residency/family.htm
http://uscis.gov/graphics/howdoi/LPRApplication.htm

As far as your illegal status is concerned...
Your employer probably cancelled your H1B immediately after you lost your job thereby making your status here illegal. If not, then you are still in legal status on a H1B (only you arent earning). Your illegal status would be forgiven as the immediate relative of a USC and the day your I-485 is received at USCIS, your status would become legal and would classify as "Pending AOS"

These forms are relatively easy to fill and a lawyer is not needed (unless you have a complicated issue). Its your call.
 
And just as a caution, if it turns out that your employer had cancelled your h1 and you are currently not in legal status, dont leave the country till your status is adjusted(485 approved) otherwise the 3/10 year ban would kick in.

Regards
 
I got all the documents that were recommended which includes I-765, I-485, I-130, I-864 and G-325A. I will download I-131 as well. I've read that you don't need to have the I-693 ready until asked. I will try to get the forms filled and submitted and see if I can manage without a lawyer.

Is there a way of finding out if my employer withdrew my H1-B petition? I don't want to call the office and give them ideas. As soon as I get the documents notarized, I will be sending them to Chicago ASAP.

One other thing, the documents asked of an alien registration number A#. Do I have one? I entered the US on a B1/B2 visa in late 2002 and have stayed in the US since then. I got my H1B approval notice on 7-2003.

Will there be a problem if I mentioned my previous H1B? The following are questions 11-15 on the I-765 EAD form.

"Have you ever before applied for employment authorization from USCIS?"
Answer: Yes

Which USCIS Office: Nebraska
Results: Granted
Date of last entry into the US: xx/xx/xxxx
Place of entry: LA
Manner of entry: Visitor
Current Immigration Status: H1B
Question 16: C 9

Any thoughts would be appreciated greatly!

Thanks once again!

:)
 
Last edited by a moderator:
sirach38 said:
I got all the documents that were recommended which includes I-765, I-485, I-130, I-864 and G-325A. I will download I-131 as well. I've read that you don't need to have the I-693 ready until asked. I will try to get the forms filled and submitted and see if I can manage without a lawyer.
All family based applications must be sent to the chicago lock box. You should include I-693 in your package or else you would get RFE which would delay your process.

Is there a way of finding out if my employer withdrew my H1-B petition? I don't want to call the office and give them ideas. As soon as I get the documents notarized, I will be sending them to Chicago ASAP.
You dont have to worry about it. You should focus on sending your forms ASAP.

One other thing, the documents asked of an alien registration number A#. Do I have one?
In your case, i dont think so. You write N/A
I entered the US on a B1/B2 visa in late 2002 and have stayed in the US since then. I got my H1B approval notice on 7-2003.

Will there be a problem if I mentioned my previous H1B?
No. H1B visa allows dual intent so there wont be a problem.
The following are questions 11-15 on the I-765 EAD form.


"Have you ever before applied for employment authorization from USCIS?"
Answer: Yes
If you have applied for EAD earlier, you write Yes, Else, No

Which USCIS Office: Nebraska
Results: Granted
N/A for the above two questions

Date of last entry into the US: xx/xx/xxxx
Place of entry: LA
Manner of entry: Visitor
Current Immigration Status: H1B
Question 16: C 9

Any thoughts would be appreciated greatly!

Thanks once again!

:)
Click to expand...
 
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