Journey to be with my fiancee

[mdesperanza 0]

So my fiancee currently has an H1-B visa for 6 years. Because of circumstances too long to describe in this forum, we currently live in separate states.

We originally wanted to marry in March and apply for her change of status before her H1-B expires in July. Her company immigration lawyer insisted that they apply for her to switch to E-1 visa status first, which will not be issued until June. Then we can marry and apply for her permanent residency.

This is strange to me and frustrating since we need to wait another 3 months or so and then possibly more once we start the immigration process for her.

Does anybody know what is the reason why the immigration lawyer for her company would go this route? Is it for precautionary reasons (maybe they are worried that her H1-B may expire before she gets permanent residency) or is this complete BS?

Another question is, after we are married and we start applying for her change of status to permanent residency, at what point in the application process can she quit her job and move in with me and still allowed to remain in the US legally? Do we have to wait for an actual visa number?

Greatly appreciate any suggestion/comments/help on this issue. I just really wish I can be re-united with her soon.

[Boiler 44,966]

Has her Employer applied for her GC? If not, why not.

Why are you bothering with her Employer, marry, file, get EAD and she can work where she wants.

Edited March 14, 2009 by Boiler

[Dakine 26]

Seems the easiest is to marry and file to adjust status plus file for EAD .Since she plans to quit her job I wouldn't think going by what the immigration lawyer says wouldn't important. And yes she can stay with you in the US until she gets her GC. Just don't let her leave until she gets the GC.

[AusCal 3]

Another question is, after we are married and we start applying for her change of status to permanent residency, at what point in the application process can she quit her job and move in with me and still allowed to remain in the US legally? Do we have to wait for an actual visa number?

After you have received notification for the USCIS that your AOS application has been received. In fact, at that point it would be good if you are living together, since part of your OAS interview is to check that you have a genuine marriage - a lt easier to do that if you are living together.

FYI -This isn't the appropraite forum for your question (this is citizenship - you have a while to go before you get there...), I suggets you report your question on the AOS forum on this board. Good luck.