Adjustment of Status - Which forms do i need to fill out??!!

[Clarkey85 0]

I am a UK Citizen currently in the US on an H1B visa that expires on October 1, 2012. I am marrying a US Citizen in May and will be filing for Adjustment of status.

I want to be able to work and travel freely ASAP. Which forms do I and/or my future need to fill out to make this happen?

Thank you in advance for your help.

[grrrrreat 109]

I am a UK Citizen currently in the US on an H1B visa that expires on October 1, 2012. I am marrying a US Citizen in May and will be filing for Adjustment of status.

I want to be able to work and travel freely ASAP. Which forms do I and/or my future need to fill out to make this happen?

Thank you in advance for your help.

Read the guide: http://www.visajourney.com/content/i130guide2

[Little_My 464]

H1-B is a special case. You'll be able to work with the H1-B until you have a decision on your AOS, assuming your H1-B is still valid. I am not sure about travel - meaning whether or not you could travel with the H1-B as well - but I'm sure that someone else here will know the answer to that.

You can apply for an EAD together with your AOS application, which will allow you to continue working if your AOS is not adjudicated by the time your H1-B expires. You'll also apply for the AP travel document, which will allow you to travel internationally. These arrive usually within 90 days from when you file the papers, so assuming you were able to send the paperwork out by early June, you should have your EAD and AP by end of August / early September, so way before your H1-B expires.

[grrrrreat 109]

H1-B is a special case. You'll be able to work with the H1-B until you have a decision on your AOS, assuming your H1-B is still valid. I am not sure about travel - meaning whether or not you could travel with the H1-B as well - but I'm sure that someone else here will know the answer to that.

You can apply for an EAD together with your AOS application, which will allow you to continue working if your AOS is not adjudicated by the time your H1-B expires. You'll also apply for the AP travel document, which will allow you to travel internationally. These arrive usually within 90 days from when you file the papers, so assuming you were able to send the paperwork out by early June, you should have your EAD and AP by end of August / early September, so way before your H1-B expires.

Those with valid H1-B visas do not have to get AP to travel, and traveling outside the U.S. doesn't abandon the application. The exception is if there's any risk the conditions on the H1-B are violated, such as losing the job, or if it expires, you'll won't be able to rely on the H1-B.

You're right EAD can be helpful if you want to get a new job or you want to work without the H1-B, but most people will continue to renew the H1-B while AOS is pending if they can. Be aware that if you work using EAD or travel using AP, your H1-B is deemed abandoned and you can't get it back in the event that your AOS is denied.