H1-B to green card immediately - fraud?

[shee 0]

I am an Israeli citizen and have been living and working in the US since October 2003. At first I was on a J1 visa, and then switched to H1-B Sept 2008 without leaving the US. All this time I have been working as a scientist with the same employer. Technically I only got my H1B visa stamp when I left and came back April 2009. My boyfriend is a dual Israel- US citizen – we have been together for over ten years and have a child together. We are getting married this month and I want to apply for green card right away. Under these circumstances – would it be considered fraud because I am applying for an AOS within a month of entering the US on my H1-B visa for the first time? Many thanks for your advice or any tips you could give me!

[payxibka 10,047]

I am an Israeli citizen and have been living and working in the US since October 2003. At first I was on a J1 visa, and then switched to H1-B Sept 2008 without leaving the US. All this time I have been working as a scientist with the same employer. Technically I only got my H1B visa stamp when I left and came back April 2009. My boyfriend is a dual Israel- US citizen – we have been together for over ten years and have a child together. We are getting married this month and I want to apply for green card right away. Under these circumstances – would it be considered fraud because I am applying for an AOS within a month of entering the US on my H1-B visa for the first time? Many thanks for your advice or any tips you could give me!

no, H1B is a dual intent visa

[YuAndDan 153]

This is not an issue.

[Shelly&Jay 0]

I am an Israeli citizen and have been living and working in the US since October 2003. At first I was on a J1 visa, and then switched to H1-B Sept 2008 without leaving the US. All this time I have been working as a scientist with the same employer. Technically I only got my H1B visa stamp when I left and came back April 2009. My boyfriend is a dual Israel- US citizen – we have been together for over ten years and have a child together. We are getting married this month and I want to apply for green card right away. Under these circumstances – would it be considered fraud because I am applying for an AOS within a month of entering the US on my H1-B visa for the first time? Many thanks for your advice or any tips you could give me!

You should be fine. My husband was on a O1 visa which allows him to work. Just make sure you file the AP and EAD with the AOS since the AOS status will over ride your H1-B visa.

If you have any questions pm me.

Good luck!

Shelly

[metals95 1]

As long as you do not use the EAD or AP you can keep working and travelling on the H1b for your current h1b employer. As stated above H1b is dual intent.

I adjusted from H1b in 2008 and travelled on the H1b many times during AOS, did not even apply for AP, but got the EAD (never used) just in case I lost the job.

Really straight forward process.

[metals95 1]

I waited 6 months before applying for AOS after issue of H1b, 3 months after marriage, I had similar concerns about it but it never came up in the interview.

[shee 0]

As long as you do not use the EAD or AP you can keep working and travelling on the H1b for your current h1b employer. As stated above H1b is dual intent.

I adjusted from H1b in 2008 and travelled on the H1b many times during AOS, did not even apply for AP, but got the EAD (never used) just in case I lost the job.

Really straight forward process.

Thanks for the very helpful info. This is an awesome forum, and I feel lucky to have found it!

[scandal 951]

I am an Israeli citizen and have been living and working in the US since October 2003. At first I was on a J1 visa, and then switched to H1-B Sept 2008 without leaving the US. All this time I have been working as a scientist with the same employer. Technically I only got my H1B visa stamp when I left and came back April 2009. My boyfriend is a dual Israel- US citizen – we have been together for over ten years and have a child together. We are getting married this month and I want to apply for green card right away. Under these circumstances – would it be considered fraud because I am applying for an AOS within a month of entering the US on my H1-B visa for the first time? Many thanks for your advice or any tips you could give me!

Mazal Tov!! מזל טוב

[shee 0]

I am an Israeli citizen and have been living and working in the US since October 2003. At first I was on a J1 visa, and then switched to H1-B Sept 2008 without leaving the US. All this time I have been working as a scientist with the same employer. Technically I only got my H1B visa stamp when I left and came back April 2009. My boyfriend is a dual Israel- US citizen – we have been together for over ten years and have a child together. We are getting married this month and I want to apply for green card right away. Under these circumstances – would it be considered fraud because I am applying for an AOS within a month of entering the US on my H1-B visa for the first time? Many thanks for your advice or any tips you could give me!

You should be fine. My husband was on a O1 visa which allows him to work. Just make sure you file the AP and EAD with the AOS since the AOS status will over ride your H1-B visa.

If you have any questions pm me.

Good luck!

Shelly

Thanks - are you sure the AOS would over ride my H1-B visa? - I thought I was allowed to work and travel with the H1-B as long as it was valid, regardless of the AOS process. Please explain.

[Shelly&Jay 0]

You should be able to work fine on the H1 with the company that sponsored you as long as it is valid until the green card comes. You may be fine traveling, but I know on one of the forms there is a line about last entry. Maybe it's the AP, if you don't plan on filing that then I guess it doesn't matter. But you do need to provide copies of your passport of all pages stamped.

Immigration lawyer told us it was safest not to travel using the O1 until we had the AP. It sounds like others have had no issues. His O1 expires July 24th maybe it's because his expires soon. If you have a long time on your H1 maybe you will be fine.

Hope that helps. If you have more questions, I'll try to help.

Shelly

[metals95 1]

http://www.uscis.gov/files/pressrelease/Ha...lRule110107.pdf

As far as I know this is the ruling regarding H1B with pending AOS and travel. You may want to run it by your HR at work, I would assume that they had a lawyer do your H1B. I used to carry a recent pay stub but never was asked.