Green Card through Marriage from H-1B

[tom19 0]

Hi guys -

I am completing my green card application and am not sure what documentation to attach based on my situation. Here's my story:

1 - I originally entered the country as an F-1 student to attend college in 2000.

2 - After graduating, I got my OPT and was hired by an accounting firm.

3 - After my OPT was up, I was not able to get an H-1B due to the quota being fulfilled.

4 - I went back to my home country (Brazil) and my firm brought me back via a J-1 visa. I then obtained the J-1 visa (not subject to the 2 year residence requirement) at the consulate and returned to the USA to work for the same firm (this was the last visa I obtained and the last time I entered the country).

5 - Upon returning, I again applied for an H-1B visa, and this time was successful in obtaining it. However, since I did not leave the country, I never got a new visa stamped to my passport and the only documentation I have is the H-1B approval notice and new I-94 that was issued.

NOTE: I never overstayed and did all of the above with the assistance of an immigration lawyer indicated by my employer.

6 - I recently got married to an American citizen and am now applying for an EAD and green card through marriage(this time without the assistance of a lawyer). My H-1B is still valid and I am still working for the same employer.

7 - I am in the process of completing form I-485 and gathering the necessary documents to be attached to the form. According to the instructions, I need to submit a copy of my nonimigrant visa if it was obtained within the past year from an american consulate abroad. However, the last time I obtained a visa was in 2007 (j-1) and since then, I have not left the country. So my question is: What do I need to attach? Do I need to send documentation backing up all of my changes of status since I was an F-1? Do I still send a copy of my passport showing the last visa I obtained (J-1)? Do I attach a copy of my H-1B approval notice and new I-94 received?

Please advise!

Thank you so much in advance!!

[tatianman 0]

I think you will have to provide your I94 record on your EAC receipt. I would suggest providing them with a trail of info showing every change of status, meaning from I20 to J status , H status and then the application to adjust to greencard. I am applying for the same thing myself and my case is 90% as yours, only that I went from F1 to OPT and then to H1B, I have not left the country since my F1 status expires. I tried calling USCIS in regards to what eligible category I belongs to and they were not even able to answer me. I am also looking for someone with the experience to answer your my question. Good luck !

[tom19 0]

Thank you!

[Brother Hesekiel 2,236]

Your AOS approval is self-evident as you entered the country legally and that's all that counts, overstay or not. You might, however, briefly and without confusing the USCIS drone,attach a small timeline of your visas to avoid an RFE. Better safe than sorry.

[tom19 0]

Your AOS approval is self-evident as you entered the country legally and that's all that counts, overstay or not. You might, however, briefly and without confusing the USCIS drone,attach a small timeline of your visas to avoid an RFE. Better safe than sorry.

Yes, I thought about doing that, sounds like a good idea. Thanks for the input.