HB1 to Green Card, legal status question

[salika 0]

Hello,

I am a US citizen and my husband will be traveling to the US on a HB-1 visa sponsored by his employer. As the job is only a summer contract, his visa would expire at the end of the summer. So our plan is to begin the application process for the Adjustment of Status as soon as he enters the US so he can receive his EAD. My main concern is: Let's say we apply for the AOS, with the two applications at the same time in June, and when August comes around, will he be allowed to stay in the country because we have applied for his green card, even if he has not received it? We are hoping to be on the safe side and find another employer that he can transfer his H1 visa to, but in the case we don't manage to organize that on time, will he be allowed to stay in the US since he is married to me and we would have applied for the AOS?

thanks

[Erin and Muraari 0]

Yes he is allowed to stay in the United States while the AOS is pending. Also, instead of looking to do an H1B transfer, you may consider getting the Employment Authorization Document (EAD) which you pay for with an AOS application now anyway which allows you to work for any employer in the US. If you do this, also get your Advance Parole (AP) which also is included in the AOS fee which allows him to travel in and out of the US for a year.

Hello,

I am a US citizen and my husband will be traveling to the US on a HB-1 visa sponsored by his employer. As the job is only a summer contract, his visa would expire at the end of the summer. So our plan is to begin the application process for the Adjustment of Status as soon as he enters the US so he can receive his EAD. My main concern is: Let's say we apply for the AOS, with the two applications at the same time in June, and when August comes around, will he be allowed to stay in the country because we have applied for his green card, even if he has not received it? We are hoping to be on the safe side and find another employer that he can transfer his H1 visa to, but in the case we don't manage to organize that on time, will he be allowed to stay in the US since he is married to me and we would have applied for the AOS?

thanks

[salika 0]

Yes he is allowed to stay in the United States while the AOS is pending. Also, instead of looking to do an H1B transfer, you may consider getting the Employment Authorization Document (EAD) which you pay for with an AOS application now anyway which allows you to work for any employer in the US. If you do this, also get your Advance Parole (AP) which also is included in the AOS fee which allows him to travel in and out of the US for a year.

Hello,

thanks

Thanks so much with your reply, I've been really confused about the whole process. That's great that we won't have to do the H1 transfer, since that's a real bother, we'll try applying for the EAR at the beginning of the summer and by the time his contract finishes, hopefully he'll have his EAD by then and will be able to work. While his AOS is pending, what is his legal status called, what papers would he show authorities if they asked since his visa would have been expired?

[Erin and Muraari 0]

Hi there

His status is "AOS pending". He would receive a Notice from USCIS (an NOA abbreviated) on an I-797 form for his AOS I-485 form and another for the I130 form you file on his behalf. These papers show his legal status in the US. You should be able to get your EAD within 90 days of filing the AOS application. If you don't you can go to an infopass appointment and try to get them to expedite it since USCIS is "commited" to processing the EAD applications within 90 days (or so they claim). Hope this helps.

Yes he is allowed to stay in the United States while the AOS is pending. Also, instead of looking to do an H1B transfer, you may consider getting the Employment Authorization Document (EAD) which you pay for with an AOS application now anyway which allows you to work for any employer in the US. If you do this, also get your Advance Parole (AP) which also is included in the AOS fee which allows him to travel in and out of the US for a year.

Hello,

thanks

Thanks so much with your reply, I've been really confused about the whole process. That's great that we won't have to do the H1 transfer, since that's a real bother, we'll try applying for the EAR at the beginning of the summer and by the time his contract finishes, hopefully he'll have his EAD by then and will be able to work. While his AOS is pending, what is his legal status called, what papers would he show authorities if they asked since his visa would have been expired?