AOS for H1-B holder

[cookie108 0]

Hi,

I am currently in the US with my H1-B visa. I am compiling all the documents I need to apply for a GC right now. When you fill out I-485, which box should I check in Part 2 if you are changing your status from H1-B to GC? I was thinking maybe item b, but not sure if this is the right one. Sorry if this was a stupid question....Any help will be appreciated.

Thanks!

Edited August 13, 2008 by cookie108

[metals95 1]

Are you adjusting through Employment or Family?

If employment (I-129), you may want to look for a different site as these are family based boards. You wont find any info here for labor certification etc.

If you are adjusting family based (I-130), it depends on your sponsoring family member's citizenship or green card status and relationship to you.

We would need more info to properly assist you.

[cookie108 0]

Thanks for your reply.

I married to a USC. So my AOS will be family-based. Please let me know if you need more information.

Thanks!

[cookie108 0]

Also, I-485 should include my information (non-US citizen), not my hudband who is USC, correct?

[payxibka 10,045]

You will need:

I-130 petition submitted by the USC spouse

1-485 application submitted by the alien spouse (the USC does not need to adjust his/her status)

you may also want to do an

I-765 application submitted by the alien spouse

Edited August 14, 2008 by fwaguy

[metals95 1]

Check out the guide here:

http://www.visajourney.com/forums/index.ph...page=i130guide2

But more importantly follow the instructions that USCIS publishes with the forms.

Here is a quick listing of what I did.

I-130 from spouse plus all requested info, I-485 from me plus all requested info, I-765 for EAD just in case I lost my job and needed to get a new employer (never used it). I continued to travel to Canada on my H1B during the entire process. I had about 2 years left on my H1B when I applied, so your case may be different if your H1b is about to expire.

It is really straight forward if you follow the instructions from USCIS.

Good luck.

BTW, on the 485 as a spouse of a USC you art part 2 a) if you file the I-130 and I-485 together, because your USC spouse is your relative.

[cookie108 0]

Thank you, everyone.

So, I will check a) in I-485 as I am filing I-130 and I-485 together.

This site is awesome!!

[greencardinaz 0]

Good luck to you! I'm going through the same transition!