H1b visa expiring soon, filing for green card AOS through marriage

[rodiosu 0]

Hello,

I am a US citizen and my husband and I got married 6 months ago. He currently has an H1b visa and works in the US. We are now about to file his AOS application for him to receive his green card through marriage.

We are planning to submit the following forms:

G-325A (for both myself and him)

I-130 (from me)

G-1145 (from him)

I-485 (from him) with option (a) checked off

I-693 (filled out for him by a USCIS approved doctor)

I-864 (from me)

In addition, his H1b visa expires on Dec 31, 2013 which likely will be before his AOS is approved. Based on what we read online, he needs to file I-765 to be able to continue to work after Dec 31, 2013. And, after Dec 31, 2013, he will not be able to leave the US without abandoning his AOS application.

We have concerns in three different areas:

1) Are the forms that we are planning to submit for him the full required list?

2) Is I-765 the only form he needs in order to be able to continue working? Is there anything else he should do in order to extend his legal right to remain and work in the US? Is he allowed to switch employers after his H1b expires and before his conditional green card is approved?

3) While he is waiting for his conditional green card, is there a way that he can travel outside the US and return without "abandoning" his application and without re-entry problems? If so, are there additional forms we should submit?

Thank you very much for your help!

[aleful 1,905]

hi

yes, the i131 travel document

the i765 is the EAD work permit.

[KayDeeCee 4,896]

~ Moved from What Visa Do I Need to AOS from Work, Student & Tourist Visas- OP adjusting status from an H1b ~

[Leo7777 243]

Why did you check option A on form 485?

Does he have an immigrant visa number?

It seems to me that option H is the one; with statement 'Marriage to USA citizen.'

But I am no expert; perhaps other will comment.

[KayDeeCee 4,896]

Why did you check option A on form 485?

Does he have an immigrant visa number?

It seems to me that option H is the one; with statement 'Marriage to USA citizen.'

But I am no expert; perhaps other will comment.

A is the correct choice for the I-485 since he is filing the I-130 at the same time.

[Leo7777 243]

A is the correct choice for the I-485 since he is filing the I-130 at the same time.

Option A requires some prior authorization paperwork and numbers that I doubt they have.

But, if you are correct, can you direct me to a statement in some Instruction Form that states this. I will be needing to choose a box also for a person trying for AOS from F-1 visa. It seemed to me that H would be the appropriate block with statement 'Marriage to USA Citizen.'

Maybe if I-130 filed alone first, and then some numbers are given in return, then something would be available to be able to check block A on a subsequent I-485.

Edited October 20, 2013 by Leo7777

[KayDeeCee 4,896]

Option A requires some prior authorization paperwork and numbers that I doubt they have.

But, if you are correct, can you direct me to a statement in some Instruction Form that states this. I will be needing to choose a box also for a person trying for AOS from F-1 visa. It seemed to me that H would be the appropriate block with statement 'Marriage to USA Citizen.'

Maybe if I-130 filed alone first, and then some numbers are given in return, then something would be available to be able to check block A on a subsequent I-485.

Yes, the actual form and the I-485 instructions state this. You check a.

From the I-485 form:

a. An immigrant petition giving me an immediately available 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.)

From the I-485 instructions (http://www.uscis.gov/files/form/i-485instr.pdf):

Who May File Form I-485?

1. Based on an immigrant petition

You may apply to adjust your status if

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

[Leo7777 243]

Thanks Jay-Kay.

I see it now, but that wording is pretty obtuse !!

a. An immigrant petition giving me an immediately available 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.)

[mimmil 0]

Hi!

I'm of no help as far as answering your questions, but just wanted to say that I'm in almost the exact same situation, and have listed out the same documents as you. We got married only 3 weeks ago and my H1-B expires in January of next year. We are hoping to send in the AOS packet within the next two weeks. Very confused and overwhelmed with all the small details of filling out the forms and doing everything right!

Good luck with everything.

Mimmi