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Posted

Hi,

My 6-year H1B visa expires on September 20 and I am planning to marry while still in the US.

1. From what I've read, the green card application process can take up to several months. Once I file for AOS, do I need to do anything else to stay in the country legally after the H1B expires and before I get the green card confirmation?

2. Can it be a problem in the application process that we have known each other only for a couple of months? Or the fact that the H1B is expiring soon?

3. How important are things like joint bank accounts, apartment, etc.? The more, the better?

Posted

Regarding question 4, I guess I will need to change from H1B to EAD anyway once the H1B expires, which means Advance Parole will become necessary:

H1B and other work visa notes: There is an USCIS exemption for H1 and L1 visa holders. The way this works is
this: even though you apply for adjustment of status, you keep your H-1 or L-1 status, UNLESS you USE a
marriage-based EAD card. What this means in real terms is that IF you do NOT use a marriage-based EAD
you are still H1 or L1 and CAN travel outside the US withOUT having advance parole. Of course, you would still
have to work for the H1 or L1 employer in this situation.

If you want/need to change employers, you can apply for the marriage-based EAD card when you file
adjustment of status (or any time after that), HOWEVER once you USE the marriage-based EAD card, your
status has effectively been changed to "pending adjustment" based on the marriage, and you WILL need
advance parole to travel outside/back into the U.S. The KEY POINT is that once you USE the marriage-based EAD, you
have changed your status from H-1 or L-1 at that time, and your new status is "pending adjustment based on
marriage to a US citizen".

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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