on H1B and getting married to US citizen

[jumper2047]

I'm currently in US on H1B visa and getting married to a US citizen. From what I read on USCIS and various websites and forum, I still have some questions regarding obtaining GC:

i'll need to file I130 adjustment of status to immigrant status and I485 and I131(AP). Can I file all of them at the same time? or does it have to wait till i get approved for I130 before i file 1485?

Also, how long would it takes to get the AP? After I obtain the AP, can I re-enter US w/ AP and continue working?

THanks in advance!

 

[dr_lha]

How long is your H-1B valid for? I ask because as long as your H-1B is valid you can travel on it while your AOS is pending, and therefore you wouldn't need AP.

EDIT: To answer your question, yes I-130/I-485 and any ancillary forms can all be filed at the same time in the same envelope. Its recommended in fact.

 

[jumper2047]

THanks for your reply.

How long is your H-1B valid for? I ask because as long as your H-1B is valid you can travel on it while your AOS is pending, and therefore you wouldn't need AP.

My H1B status will be valid till 2009, but I don't have a H1B stamp on my passport and I might have trouble obtaining one (since I came to US w/ B2 and then changed to F1 and then to H1b). I read somewhere that using AP to re-enter US means I'll need a new EAD card before I can work in US. Is taht correct?

Thanks!

BTW dr_lha, congrats to ur GC! that was fast! only 6 months!

 

[dr_lha]

My H1B status will be valid till 2009, but I don't have a H1B stamp on my passport and I might have trouble obtaining one (since I came to US w/ B2 and then changed to F1 and then to H1b).

Not sure why you think you will have difficulty? If you have an approved H-1B Notice of Action, you should just be able to get the stamp on your next trip outside of the USA. You've never been out of status have you?

I read somewhere that using AP to re-enter US means I'll need a new EAD card before I can work in US. Is taht correct?

Not sure TBH. Personally if I were you I would just get the H-1B stamp, rather than the AP. It'll be cheaper and more flexible.

 

[stbg]

One question abt sending forms..

Do we have to send all the forms (I-130, I-131, I-485, I-765, I-693 and G 325 A) to the Chicago lockbox irrespective of the place where you are going to file it from or living in??

 

[dr_lha]

Do we have to send all the forms (I-130, I-131, I-485, I-765, I-693 and G 325 A) to the Chicago lockbox irrespective of the place where you are going to file it from or living in??

Yes.

 

[stbg]

Thanks!

Thanks for the info dr_lha!

 

[jumper2047]

And I'll also need to file I-693 for medical exam along w/ I-130, I-485, I-765 and I-131 (for AP), correct? I checked the forms, I didn't mention specifically to use I-693 for medical exam.

 

[dr_lha]

Yes, you need I-693 which you'll have to get a medical done for. However I still think you're making a mistake filing for AP and EAD when you have a perfectly good valid H-1B status that's going to waste. Before getting AP and travelling on it, you should really read up on the possible ramifications of using AP.

My advice: Get that H-1B visa stamp. If you have reason to think you'll not get a visa for some reason, those reasons will most likely also work against you when using AP.

 

[pianoplayer]

THanks for your reply.



My H1B status will be valid till 2009, but I don't have a H1B stamp on my passport and I might have trouble obtaining one (since I came to US w/ B2 and then changed to F1 and then to H1b). I read somewhere that using AP to re-enter US means I'll need a new EAD card before I can work in US. Is taht correct?

Thanks!

BTW dr_lha, congrats to ur GC! that was fast! only 6 months!

Why would you have trouble obtaining the H1B? Your facts, as you gave them, do not suggest a problem. Also, using EAD will be more hassle than just getting the H1B stamp. If you enter on H1B you do not need AP.

 

[jumper2047]

Why would you have trouble obtaining the H1B? Your facts, as you gave them, do not suggest a problem. Also, using EAD will be more hassle than just getting the H1B stamp. If you enter on H1B you do not need AP.

Since I obtain my original B2 visa at my local US consulate, i've heard the local consulate may not give me a H1B visa since they have the record that I originally was given a B2. The complication is the B2 visa. I know if I originally had F1 and then changed to H1B during the stay in the US, this case is fine, but not sure about B2 then a F1 and then a H1B

 

[jumper2047]

Also, do I need to file I-765 for EAD (if i don't plan on traveling until I receive my GC)? I'm already on H1B. Do I need EAD card to legally work when I have GC?

 

[dr_lha]

Also, do I need to file I-765 for EAD (if i don't plan on traveling until I receive my GC)? I'm already on H1B. Do I need EAD card to legally work when I have GC?

No. You can continue to work on your H-1B until your Green card is approved, regardless of whether you have the stamp in your passport.

Since I obtain my original B2 visa at my local US consulate, i've heard the local consulate may not give me a H1B visa since they have the record that I originally was given a B2.

I can think of no reason why this would be true. Anyone else?

 

[TheRealCanadian]

Since I obtain my original B2 visa at my local US consulate, i've heard the local consulate may not give me a H1B visa since they have the record that I originally was given a B2.

Having a B visa stamp does not make one ineligible for an H.

I know if I originally had F1 and then changed to H1B during the stay in the US, this case is fine, but not sure about B2 then a F1 and then a H1B

Both cases are the same. You can go from B2 to F1 to L1 to H1 to R1 to M1 to E1 to H1 and still get the stamp.

 

[pianoplayer]

Since I obtain my original B2 visa at my local US consulate, i've heard the local consulate may not give me a H1B visa since they have the record that I originally was given a B2. The complication is the B2 visa. I know if I originally had F1 and then changed to H1B during the stay in the US, this case is fine, but not sure about B2 then a F1 and then a H1B

Based on these facts, I still do not see a problem.

 

[chicagolady]

That's true

Yes this is true, US Consulate in other country give you very hard time even though you did everything by law.

My cousin came here on F1 and changed to H1 then married to USC and then went to his home country, his GC was in process so he thought of getting H1 stamp. But they did not let him come back to US.

So I would advice to wait till your GC comes, if you don't want to apply AP OR EAD. But my opinion is it's worth spending little more money on AP and EAD if you don't want to go through lot of trouble.

I am in the same situation, I came here on B2 and got H1, never went back, just afraid that they might not let me come back. Planning to file EAD/AP in summer.

I can think of no reason why this would be true. Anyone else?

 

[pianoplayer]

Yes this is true, US Consulate in other country give you very hard time even though you did everything by law.

My cousin came here on F1 and changed to H1 then married to USC and then went to his home country, his GC was in process so he thought of getting H1 stamp. But they did not let him come back to US.

So I would advice to wait till your GC comes, if you don't want to apply AP OR EAD. But my opinion is it's worth spending little more money on AP and EAD if you don't want to go through lot of trouble.

You do not provide nearly enough facts as to why this person you are talking about was not admitted back to the US. There could literally be a plethora of reasons, which have nothing to do with the OP's situation. Based on the facts the OP provided, there should be no problem. Note however, I do not know all the facts of his case, and can only analyse based on the facts provided.

 

[chicagolady]

You are right

You are right, I did not provide enough facts.

At the time of his interview, they questioned him that you went to US on nonimmigrant visa and now you applied to become permanet there. He could not explain his situation to the officer because they never gave him chance.

The fact is, they don't give enough facts as why they are rejecting such and such application.

But this is just my opinion.

You do not provide nearly enough facts as to why this person you are talking about was not admitted back to the US. There could literally be a plethora of reasons, which have nothing to do with the OP's situation. Based on the facts the OP provided, there should be no problem. Note however, I do not know all the facts of his case, and can only analyse based on the facts provided.

 

[dr_lha]

Yes this is true, US Consulate in other country give you very hard time even though you did everything by law.

My cousin came here on F1 and changed to H1 then married to USC and then went to his home country, his GC was in process so he thought of getting H1 stamp. But they did not let him come back to US.

IMHO it would be better to get the H-1B stamp before filing for AOS, because I believe on the H-1B visa stamp form they ask things like "have you ever applied to be an immigrant", so answering "yes" to those questions might cause issues. That said H-1B is dual intent, so I don't see why they should.