question about AOS (currently H1B)

[etoile 0]

Hi,

I am on H1B VISA, and just got married to a USC . We are going to file AOS. I have several questions here:

(1) After file AOS, Can I just use my H1B as before or need to apply for EAD?

(2) How long it will take to get the temporary green card approximately? If I leave US before I get the GC, when I reentry, should I apply H1B VISA as usual, or need to file I-131? And is this going to influence the GC application or hard for me to come back to US?

(3) My company was preparing Green Card application(based on work) for me, and I got ETA Form 9089 already,which will expire on 12/15/2010, if I start applying marriage green card, do I need to do something to cancle this ETA Form 9089?

(4) When I fill out the Marriage License, I took my husband last name, and after the ceremony, we went to SSN trying to change my last name, and been told that I need to change my name through immigration first, which I have no idea how to do it so I called the county office for marriage record to ask whether I can "change my name back", they said as long as I don't start using the new name is fine. I am just a little bit concerned is this going to influnce the applicatin for green card? So far, on our joint account , I still use my original name.

Thank you in Advance!

etoile

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H1B visa and the prior forum is for K1, K2, K3 & K4 **

[metals95 1]

I adjusted from H1b in 2007.

You can continue to work and travel on H1b after marriage to USC. H1b is dual intent. You can apply for EAD and Advanced parole. It is included in the I-485 fees, you don't need to use them, but with the EAD you could work for anyone. If you lose your job or quit you could still travel on the advance parole, however neither is necessary for H1b.

If your labor certification is approved, the company can use it for another employee. It is job specific not person specific. You could continue with employer based AOS, but depending what country you are from you may have to wait for your proirity date to be current. The spousal AOS is current when your spouse is USC.

I have no knowledge for the name change process, however my wife (the USC) did not change her name when we got married. USCIS didn't seem to care.

How long to get Greencard? - check the timelines section.