Marriage Based I-485 - Need Clarification..Pls help!

W

Wrangler

Registered Users (C)
Hi All,

Need some input from you on marriage-based Green card process. Pls help!

My Status:

I'm on H1 B Visa on the 6th year with pending I-485 for 14 months. My chances of employement based I-485 approval are 50:50, as it has some complications. Have EAD, but haven't used it.

If I decide to marry a US Citizen,

1. Can I file another I-485?
2. If I file I-485 based on Marriage, am I eligible to stay legally in US (based
on the I-485 marriage based application) until I get the case approved?
3. Do I need to be in valid H1B status, to file my I-485 marriage based
application as well maintain the H1B status until the case approved?

Many Thanks!
 
Wrangler,
Yes you can file a marriage based 485 too.
Once you file the Marriage based 485 and it is received by USCIS, your status is "in adjustment". You are immediately allowed to stay over in US. How ever to keep working, you will have to file an EAD with the marriage based 485 and till its approved you can't use it. So need the H-1 till the Marriage based EAD is approved to Work. To just stay in US, 485 is fine and you dont need to maintain H1.
 
Reverse Situation Marriage AOS Pending Forever

I have a friend who is in the reverse. Their AOS for via Marriage Based I-485 has been pending for two years. If the persons finds sponsorship via labor certification and can he apply concurrently or even convert the application to labor based?
 
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