H1B and now married

[DKSanFran 1]

Hi all,

this is our first post here.. We have been trying to find the right forms to file our case but seem to get lost.

Long story short: I entered US on H1B in Dec. 2010. Got married in Aug. 2012. H1B visa transfer from company A to company B.

We would like to start filling for green card now. We are looking at I-130 and I-485(which I think is incorrect?)

Can you kindly assist us? Any advice would be appreciated.

[DKSanFran 1]

Looking at the guides again it seems like the I-485 is correct but which Application type would I be?

I have of-course my I-797A on hand already.

Edited January 25, 2013 by DKSanFran

[Darnell 8,478]

Use this Guide:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Good Luck !

[newacct 688]

And your spouse is a U.S. citizen, right?

[DKSanFran 1]

And your spouse is a U.S. citizen, right?

Correct. My spouse is US citizen.

[DKSanFran 1]

Use this Guide:

Good Luck !

Thanks but I dont see a Application Type that is based on my situation.

[Little_My 464]

You are applying for AOS, i.e. Adjustment of Status - I'm not sure what you mean by "application type". If you are referring to Part 2 in the form I-485, then the correct choice is

A) An immigrant petition giving me an immediately available visa immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved)

Your I-130 that you are filing with the I-485 is the relative visa petition that will give you an immediately available visa number, if approved.

[DKSanFran 1]

You are applying for AOS, i.e. Adjustment of Status - I'm not sure what you mean by "application type". If you are referring to Part 2 in the form I-485, then the correct choice is

A) An immigrant petition giving me an immediately available visa immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved)

Your I-130 that you are filing with the I-485 is the relative visa petition that will give you an immediately available visa number, if approved.

Thanks now it all makes sense.

I have a additional question: We are about to send in the package within 10 days. I feel vulnerable in my job position right now and might loose my job before I get my green card. How would I stand in case I loose my job? Out of status and I would have to leave the country?

[Little_My 464]

Once you have filed for AOS, you're authorized to stay in the US until your application has been adjudicated. Because H1B is a so called 'dual intent' visa, and allows for immigrant intent, your H1B will continue to be valid throughout the application process and you can continue working in your current position normally after filing for AOS. If you then lose your job while AOS is pending, you will have to wait for the EAD before you are authorized to take on other employment, and for the AP travel document before you can travel abroad while AOS is pending. Otherwise, losing your H1B won't affect your situation, and you can (and have to) stay in the US until your AOS has been approved.

The only effect losing your job might be the income issue, if you were planning to use your income to qualify under the income requirements. You can use your income to meet the minimum requirements if that income is from a legal job and continues after the application has been processed. If you lose your job while AOS is pending, you might have to find a co-sponsor if your spouse's income alone is not enough. If your spouse makes enough to qualify, you don't have to include your income at all in the first place.

[DKSanFran 1]

Once you have filed for AOS, you're authorized to stay in the US until your application has been adjudicated. Because H1B is a so called 'dual intent' visa, and allows for immigrant intent, your H1B will continue to be valid throughout the application process and you can continue working in your current position normally after filing for AOS. If you then lose your job while AOS is pending, you will have to wait for the EAD before you are authorized to take on other employment, and for the AP travel document before you can travel abroad while AOS is pending. Otherwise, losing your H1B won't affect your situation, and you can (and have to) stay in the US until your AOS has been approved.

The only effect losing your job might be the income issue, if you were planning to use your income to qualify under the income requirements. You can use your income to meet the minimum requirements if that income is from a legal job and continues after the application has been processed. If you lose your job while AOS is pending, you might have to find a co-sponsor if your spouse's income alone is not enough. If your spouse makes enough to qualify, you don't have to include your income at all in the first place.

Thank you so much for the quick feedback.

I was just worried that I had to leave since I would be out of status. My wife is making enough to "support" us both until we are set with Green card.

Thanks again,