US Citizen sponsoring H1B spouse for Green card

My fiancee:
- Currently on H1B
- Not yet stamped from her home country India
- Have got a good job with no problems (touchwood)

Court wedding:
- Can do it any day in next week

Official Indian wedding with big number of guests:
- Planning to do it in July (essentially 110 days from now)


Currently my plan is to get married next week and apply for her GC by 1st week of April. I know the forms that I need to fill but I have some doubts:

- I assume her H1B would not have any effect with the EAD/AP that she will get through the process and she can continue to be on H1B until she gets GC. Is it correct?
- If my fiancee gets EAD/AP before going to India, does she still need to get H1B stamping done? If she does not, does it affect her H1B petition?
- If my fiancee changes job after getting EAP/AP (but before getting GC), I assume she should transfer her H1B petition to the new company. Is it correct?
- I know all the forms that need to be filled (I-130, I-130A, I-485, I-864, I-131, I-765) and they seem pretty straight forward. Should I still get a lawyer? What would be the additional benefits compared to self filing?
 

newacct

Well-Known Member
- I assume her H1B would not have any effect with the EAD/AP that she will get through the process and she can continue to be on H1B until she gets GC. Is it correct?
Yes. She will remain in H1b status as long as she continues to follow the conditions of H1b status (e.g. stay in job, don't work outside H1b, etc.). If she loses H1b status, she can still remain in the US as long as her I-485 is pending.

- If my fiancee gets EAD/AP before going to India, does she still need to get H1B stamping done? If she does not, does it affect her H1B petition?
She can if she wants to; she doesn't have to. She can either return on an H1b visa or on AP. If she returns on an H1b visa, she will go back into H1b status. If she returns on AP, she will not have a status (she will be a parolee), but she can continue to work for the same company under the same H1b work authorization she had.

- If my fiancee changes job after getting EAP/AP (but before getting GC), I assume she should transfer her H1B petition to the new company. Is it correct?
She can if she wants to; she doesn't have to. She can transfer the H1b to the new company, so she would be working for the new company on H1b, and remain in H1b status. Or she can work for the new company on EAD, and no longer be on H1b status.

- I know all the forms that need to be filled (I-130, I-130A, I-485, I-864, I-131, I-765) and they seem pretty straight forward. Should I still get a lawyer? What would be the additional benefits compared to self filing?
It should be very straightforward and not need a lawyer.
 
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